CJI: Artificial Intelligence brings vast opportunities, complex challenges

The CJI said that “the impact of bias in AI systems presents a complex challenge, particularly when it comes to indirect discrimination. This form of discrimination occurs when seemingly neutral policies or algorithms disproportionately affect certain groups, thereby undermining their rights and protections”.

He pointed out that “in the realm of AI, indirect discrimination can manifest in two crucial stages. Firstly, during the training phase, where incomplete or inaccurate data may lead to biased outcomes. Secondly…during data processing, often within opaque ‘black-box’ algorithms that obscure the decision-making process from human developers”.

The CJI said that “facial recognition technology (FRT) serves as a prime example of high-risk AI, given its inherently intrusive nature and potential for misuse” and “this also highlights the critical importance of balancing technological advancements with ethical considerations to protect individual rights and freedoms”.

CJI Chandrachud said that “the full realisation of AI’s potential thus hinges on global collaboration and cooperation. While AI presents unprecedented opportunities, it also raises complex challenges, particularly concerning ethics, accountability, and bias. Addressing these challenges requires a concerted effort from stakeholders worldwide, transcending geographical and institutional boundaries”.

He pointed out that “capacity building and training play a crucial role in ensuring the ethical and effective utilisation of AI technologies. By investing in education and training programmes, we can equip professionals with the knowledge and skills needed to navigate the complexities of AI, identify biases, and uphold ethical standards in their use of AI systems. Additionally, capacity building initiatives can foster a culture of responsible innovation, where stakeholders prioritise the ethical implications of AI development and deployment”.

On AI use in the legal domain, he said “there is a fear that” it “may lead to the emergence of two-tiered systems, where access to quality legal assistance becomes stratified based on socioeconomic status. The poor may find themselves relegated to inferior AI-driven assistance, while only affluent individuals or high-end law firms can effectively harness the capabilities of legal AI. Such a scenario risks widening the justice gap and perpetuating existing inequalities within the legal system”.

Trying to allay fears, he pointed to how new streaming platforms “have challenged the dominance of traditional record labels, democratising access to music and enabling independent artists to reach global audiences”, adding, “similarly, in the legal domain, the adoption of AI might accentuate inequality by favouring those with access to advanced technology, but it also opens the door for new players and services, disrupting existing hierarchies”.

CJI Chandrachud said that “as we navigate the integration of AI into the legal domain, it is imperative that we remain vigilant in addressing the systemic challenges and ensuring that AI technologies serve to enhance, rather than undermine, the pursuit of justice for all. By embracing collaboration and fostering international cooperation, we establish a framework that promotes the responsible and ethical use of AI technologies across borders. This paves the way for a future where technology empowers and uplifts every member of society, fostering inclusivity, innovation, and progress. Together, we shape a world where the promise of AI is realised for the betterment of humanity”.

He underscored that “the advancement of technology and AI is inevitable” and “holds the potential to significantly change professions and make service delivery more accessible to people”.

“In the field of law, this translates to the potential for AI to expedite and streamline justice delivery. The era of maintaining the status quo is behind us; it is time to embrace evolution within our profession and explore how we can harness the processing power of technology to its fullest within our institutions,” he pointed out.