India's Supreme Court has taken a firm stance against the misuse of AI in legal proceedings, threatening legal consequences after a junior judge cited fake AI-generated orders in a property dispute case. The court, responding to an appeal by the defendants, will now examine the ruling given by the lower court in the southern state of Andhra Pradesh. The case has become a matter of institutional concern, as fake AI-generated judgements have a direct impact on the integrity of the adjudicatory process. The incident is the latest in a series of instances where AI has disrupted court proceedings in India and elsewhere in the world. The problems in the case arose when a junior civil judge in Vijaywada city passed an order in a case about a disputed property, citing four past legal judgements that were later found to be AI-generated. The defendants challenged the order in the state's high court, pointing out the fake citations. The high court acknowledged the error but accepted it was made in good faith. The junior judge, who was using an AI tool for the first time, believed the citations to be genuine and had no intention to misquote or misrepresent the rulings. However, the high court advocated for the exercise of actual intelligence over artificial intelligence. The defendants then appealed to the Supreme Court, which was less forgiving about the impact of AI. The top court stayed the lower court's order, stating that the use of AI while making judgements is not just an error in decision-making but an act of misconduct. The court emphasized the need for human oversight and the importance of keeping institutional safeguards firmly in place. India is not alone in reckoning with the effects of AI in courts. In the US, two federal judges were called out for using AI tools that led to errors in their rulings. In England and Wales, the High Court warned lawyers not to use AI-generated case material after a series of cases cited fictitious or partially made up rulings. India's legal institutions are grappling with how to regulate and monitor the use of AI in the courtroom, and the Supreme Court has published a white paper on AI in India's judiciary, outlining best practices and guidelines for AI use by judicial institutions, lawyers, and clerks.
