SCAORA seeks removal of mandatory AI disclosure requirement for lawyers in Supreme Court draft regulations - Bar and Bench
Summary
The Supreme Court Advocates-on-Record Association (SCAORA) has recommended significant revisions to the Supreme Court's Draft Regulations for Use of Artificial Intelligence in Courts, 2026. SCAORA specifically seeks to remove the proposed mandatory requirement for lawyers to disclose AI tool usage in preparing pleadings, documents, or evidence, arguing that existing professional obligations under the Advocates Act, 1961 and Supreme Court Rules, 2013 already ensure accountability. The Association also advocates for a cautious, phased rollout of AI in courts, emphasizing the need for robust safeguards against issues like automation bias and AI hallucinations, and stressing human oversight, citing *Pooja Ramesh Singh v. Jammu & Kashmir Bank Ltd.* Furthermore, SCAORA demands greater representation for practising advocates within the proposed governance framework, including the Apex Body and various committees, and calls for audits of existing AI systems like SUPACE and SUVAS. The draft regulations permit AI for research and case management but prohibit it from judicial decision-making.
Key takeaway
For policy makers drafting AI regulations for judicial systems, your framework must balance innovation with existing professional obligations and practical realities. Mandating AI disclosure for lawyers, as proposed, risks being impractical and redundant given existing accountability. Instead, focus on phased AI deployment, robust data protection, and ensuring significant representation from practising advocates in governance to foster effective, ethical integration.
Key insights
SCAORA challenges Supreme Court's draft AI regulations, seeking removal of mandatory disclosure, phased rollout, and advocate representation.
Principles
- Lawyers bear personal responsibility for filing accuracy.
- AI deployment in courts demands a precautionary approach.
- AI-generated outputs require meaningful human oversight.
In practice
- Audit existing court AI systems (e.g., SUPACE, SUVAS).
- Amend Special Leave Petition certificate for verification.
- Define key AI terms like "Court Data" clearly.
Topics
- AI Regulation
- Judicial AI
- Legal Ethics
- Advocate Professional Conduct
- Data Protection
- AI Governance
Best for: Legal Professional, Policy Maker
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