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An Ill-Advised Turn:

AI Under India’s E-Court Proposal

Vidushi Marda

July 2022

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In practice, the adoption of technology should ideally be iterative, deliberate and only contemplated in tandem with accountability mechanisms, human oversight, and ongoing evaluation.


In this essay, I analyze the envisioned role and extent of artificial intelligence (AI) applications within the Indian Supreme Court’s e-Courts Project. Given the emerging trend of using AI in judiciaries in jurisdictions across the world, this essay studies the current vision of how AI applications are meant to solve problems within the Indian court system and the implications of such deployment. It ends by reflecting on challenges within this vision of e-Courts in India that are emblematic of the current national approach to AI design, development, deployment and governance.

Vidushi Marda

Vidushi Marda is a lawyer and researcher who investigates the consequences of integrating artificial intelligence (AI) systems in societies. She currently works as Senior Programme Officer at ARTICLE 19, where she leads research and engagement on the human rights implications of machine learning. Marda’s work engages with technical, policy, academic and advocacy communities. She has produced pioneering research on machine learning, particularly in non-Western jurisdictions. Some of her recent work includes the first ethnographic analysis of predictive policing in India and the first analysis of China’s emotion recognition market and its implications on human rights.

Marda also engages directly with policy developments relating to artificial intelligence in India, the United States, the United Kingdom and Canada. She is actively involved in advocacy efforts at the EU level vis-a-vis the EU AI Act and is a regular contributor to United Nations resolutions on privacy, freedom of expression and digital technologies.