The Algorithmic Judge And The Constitutional Court: AI-Assisted Adjudication, Judicial Independence And The Right To A Fair Hearing In India
Dr. Dhananjay Madheshia, Deen Dayal Upadhyaya Gorakhpur University Gorakhpur / Buddha Law College
Diwakar Prasad Dwivedi, Deen Dayal Upadhyaya Gorakhpur University Gorakhpur / Buddha Law College
ABSTRACT
Artificial Intelligence (“AI”) is increasingly transforming the administration of justice by assisting courts in legal research, transcription, translation, case classification, document analysis and identification of relevant precedents. In India, the Supreme Court has itself explored AI-enabled tools for transcription and court administration, while the judicial system has developed initiatives such as AI-assisted translation and research systems. The growing use of AI, however, raises a fundamental constitutional question: whether technological assistance can be reconciled with judicial independence and the right of every person to a fair hearing. The danger becomes particularly acute when algorithmic systems are used not merely for administrative assistance but for evaluating evidence, predicting outcomes, assessing credibility or influencing judicial reasoning. This paper examines the constitutional implications of AI-assisted adjudication in India, particularly under Articles 14, 19 and 21 of the Constitution. It argues that AI should remain an assistive technology and must never become an “algorithmic judge”. Human judicial responsibility, transparency, explainability, procedural fairness, data protection, non-discrimination and meaningful human oversight must constitute the foundational principles of AI governance in courts. The Supreme Court’s 2026 Draft Regulations for Use of Artificial Intelligence in Courts provide an important institutional framework for this emerging constitutional challenge.
Keywords: Artificial Intelligence, Algorithmic Judge, Constitutional Court, Judicial Independence, Fair Hearing, Article 21, Natural Justice, AI in Courts, India.
