The Supreme Court Advocates-on-Record Association (SCAORA) in India has strongly opposed a draft regulation mandating lawyers to disclose AI assistance in pleadings preparation, arguing it is unworkable and unnecessary given existing professional responsibilities.
- SCAORA opposes mandatory AI-use disclosure certificates for lawyers.
- Concerns include AI hallucinations, lack of explainability, and layered governance.
- Warnings over data security risks from multinational AI service providers.
What happened
The Supreme Court Advocates-on-Record Association (SCAORA) submitted formal objections to the draft AI regulations issued by the Supreme Court’s AI Committee. These draft regulations mandate that lawyers disclose whenever AI tools are used in preparing legal pleadings via a formal certificate.
SCAORA labeled this requirement as ‘unworkable’ and unnecessary since existing professional codes under the Advocates Act already hold lawyers accountable for their documents. Instead of blanket AI-use disclosures, SCAORA proposes inserting a certification line confirming lawyers have personally verified the accuracy of legal citations and precedents.
Why it matters
SCAORA’s opposition raises significant issues about integrating AI tools into judicial processes, highlighting risks from AI hallucinations — where AI generates fabricated legal precedents — which could catastrophically undermine judicial accuracy if unchecked.
The body also pointed to the ‘Black Box’ problem, cautioning that AI decision-making processes remain inherently opaque and unverifiable. It warned against literal interpretations of rules that could legitimize AI adjudication merely by having a human 'in-the-loop,' emphasizing that such arrangements fail to ensure meaningful human oversight.
What to watch next
The legal community and Supreme Court will need to address SCAORA’s objections, balancing innovation with professional integrity and judicial reliability. The regulatory framework’s governance structure also faces scrutiny over its complex, multi-layered bodies which may hinder effective accountability and lead to redundant AI evaluations.
Data security concerns loom large, as SCAORA flagged potential exposure of sensitive judicial data to international AI data centers. Further clarity and phased implementation of data protection laws will be necessary before robust AI regulations can come into effect, with key provisions only taking effect in May 2027.