A case brought before the Supreme Court of India has raised serious concern because a trial court is reported to have based his decision on artificial intelligence-generated and nonexistent judgments, the court noting that such behavior would constitute more than an error but a judicial misconduct.
The question, which is presented by a bench of Justices P.S. Narasimha and Alok Aradhe, concerns the integrity of the adjudicatory process in question and should be considered in detail. The court sent notices to Attorney general R. Venkataramani, Solicitor general Tushar Mehta and the Bar Council of India in its order on February 27 asking their help in bringing light to the wider legal and ethical implications. Senior advocate Shyam Divan has been appointed too to help the court.
The bench said it takes cognisance of the trial court using AI-created non-existing, fabricated or artificial alleged judgments and it is trying to explore its implications and responsibility. It was categorically held that a judgment with a false precedent cannot be considered to be a simple error in judgment but, instead, such a judgment would be considered as misconduct with legal implications.
The case came up when a petition was heard against an order of the Andhra Pradesh High Court in January in a civil case. The trial court had overturned objections to an advocate-commissioner report by referring to some of the judgments. The petitioners argued that these mentioned decisions were fake and machine-made.
The High Court recognized the problem, but it affirmed the decision on merits of the trial court. The petitioners then appealed to the highest court, which then proceeded to review the institutional consequences of the misuse of AI in courts.
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