Author – Priyam Malik, a student at Sister Nivedita University
To the point
As Artificial Intelligence (AI) becomes more integrated into the legal system, it presents both a unique opportunity and a serious challenge. It can make justice more accessible and efficient, but also risks excluding vulnerable communities. Here’s a deeper look at how AI can either bridge or widen the access to justice divide:
Bridging the Gap
Affordable Legal Help
AI tools like legal chatbots and virtual assistants provide basic legal guidance, help with filling out forms, and offer answers to common legal questions—often for free or at a very low cost. For people who can’t afford a lawyer, especially in rural or low-income areas, these tools can be a lifeline in navigating the justice system.
Faster and Efficient Legal Processes
AI can perform time-consuming tasks like scanning legal documents, conducting research, and analyzing evidence far quicker than humans. This helps reduce delays in court proceedings, clears backlogs, and speeds up justice delivery—especially in overburdened courts.
Simplifying Legal Language
Law is often filled with complex terminology that’s difficult for the average person to understand. With natural language processing (NLP), AI can translate legal jargon into plain, simple language. It can also convert information into regional languages, making the law more inclusive and comprehensible.
Fairer, More Consistent Outcomes
By analyzing past judgments and legal patterns, AI can help ensure consistency in decisions related to bail, sentencing, and compensation. This reduces the chance of arbitrary or biased decisions and supports more predictable legal outcomes.
Widening the Divide
Digital Exclusion and Inequality
Not everyone has access to the internet, smartphones, or digital education. People from rural areas, older adults, and economically weaker sections may be left behind in a tech-driven justice system. Without efforts to bridge the digital divide, AI could actually make legal support even harder to reach for them.
Bias in Algorithms
AI systems are trained on historical legal data—and if that data includes biased judgments or discriminatory practices, AI can unknowingly repeat or even worsen those injustices. For instance, if past cases show racial or caste bias in sentencing, the AI might learn to replicate that unfairness.
Lack of Transparency and Accountability
Many AI tools function like a “black box”—they give results or recommendations without clear reasoning. If a person is denied bail based on an AI-generated risk score, it becomes difficult to question or understand that decision. This mislead or manipulate the right to a fair and transparent legal process.
Loss of Human Sensitivity
Law isn’t only about logic; it’s also about context, compassion, and moral judgment. AI, no matter how advanced, lacks emotional intelligence and the ability to empathize with human suffering. Important decisions about people’s lives and freedom should not rely entirely on machines.
Abstract
Artificial Intelligence (AI) is changing how people access justice. It can make legal help cheaper, faster, and easier—especially for those who can’t afford a lawyer. Tools like chatbots and language translators help explain laws in simple terms. But AI also comes with risks, like unfair decisions, lack of human understanding, and leaving out people without internet access. Court rulings in India emphasizes on the importance of fairness, privacy, and clear legal procedures. In the end, AI should support—not replace—judges and lawyers, making justice more accessible without losing the human touch that law and fairness truly need.
Use of legal jargon
Access to Justice
This refers to the ability of every person—regardless of their social or economic status—to seek help from the justice system. It means having the right information, support, and opportunity to resolve legal issues through courts or other legal forums.
Due Process
Due process ensures that no individual is punished or affected by the law without going through a fair legal procedure. It guarantees notice of legal action, the right to be heard, and a decision by an impartial authority.
Algorithmic Bias
When AI systems or algorithms give unfair outcomes due to flawed data or design, it’s called algorithmic bias. It often reflects the discrimination already present in historical data, which can harm already marginalized groups.
Litigants-in-person
These are individuals who appear in court without a lawyer, either by choice or because they cannot afford legal representation. They represent themselves and manage all aspects of their case on their own.
Legal Representation
This means having a licensed lawyer or advocate to present your case, defend your rights, and provide legal advice. It is essential in ensuring that a person’s interests are properly presented in legal matters.
E-discovery
E-discovery is a legal process where electronic information like emails, documents, or messages is collected, analyzed, and shared as part of court proceedings or investigations.
Judicial Pendency
This term refers to the backlog of cases that are pending in courts and yet to be resolved. Delayed judgments often mean justice is not delivered in a timely manner, which can affect people’s lives and rights.
Legal Literacy
Legal literacy is the awareness and understanding of legal rights, responsibilities, and procedures. It helps people make informed decisions and access legal remedies when needed.
Statutory Rights
These are rights provided to individuals under specific laws passed by a government. For example, the right to education or the right to information comes from legislation, making them statutory in nature.
Procedural Obligations
These are the specific legal steps that people or parties must follow during a legal case—like submitting evidence, filing petitions, or appearing in court at the right time.
Jurisprudential Consistency
This means that similar legal cases should be decided in similar ways to maintain fairness and predictability in law.
Ratio decidendi
This Latin term refers to the main legal reason or principle behind a court’s decision. It is the part of a judgment that becomes binding on future cases with similar facts.
Sentencing Guidelines
These are rules or frameworks that help judges decide appropriate punishments for criminal offenses.
Digital Infrastructure
This includes the technology and systems—like internet access, servers, and software—that allow online legal services, e-courts, or legal tech tools to function effectively.
Substantive Equality
Substantive equality goes beyond treating everyone the same—it aims to ensure fair outcomes, especially for people who face historical or structural disadvantages.
Non-arbitrariness
This principle requires that decisions made by the government or legal authorities must be reasonable, fair, and based on clear reasoning—not personal bias or whims.
Article 14 of the Indian Constitution
Article 14 ensures that there is equality before law for all people . It prevents discrimination and upholds fairness in state actions.
Black-box Algorithms
These are AI systems whose inner work can’t be understood by the users. They give results without showing how those results were reached, raising concerns about fairness.
Audi Alteram Partem
A core rule of natural justice, this Latin phrase means “listen to the other side.” It ensures that no person is judged without being given a fair chance to present their case.
Judicial Discretion
This is the areaa where judges use their own conscience to decide a case.. It allows them to consider unique facts and apply fairness where rigid rules may not be enough.
Equity Considerations
These are fairness-based judgments that go beyond strict legal rules. When a legal outcome feels too harsh or unjust, courts can use equity to reach a more humane decision.
Mitigating Circumstances
These are factors that might lessen the severity of a sentence. For example, if the offender acted under pressure or showed remorse, the court might reduce the punishment.
Adjudicatory Process
This is the formal method through which courts or tribunals hear and resolve disputes. It involves presenting evidence, legal arguments, and a final decision.
The Proof
1. Access to Justice
This means that everyone—no matter how rich or poor—should be able to turn to the legal system when their rights are violated. Whether someone needs protection, advice, or a fair trial, they should not be blocked by poverty, location, or lack of education.
2. Legal Chatbots / Virtual Assistants
These are AI tools that talk to people like a human would, offering help with common legal problems. They can answer simple questions, help fill out forms, or explain legal steps. While they’re not lawyers, they can be a great help for people who can’t afford one.
3. Legal Representation
This refers to having a lawyer speak and act for you in court. It’s important because lawyers understand the law and know how to protect your rights. But when someone can’t hire a lawyer, AI can help by offering clear, basic legal information.
4. Judicial Backlog / Judicial Pendency
This describes the large number of cases still waiting to be resolved in courts. AI can help speed things up by doing tasks like reading legal files, researching cases, or organizing court schedules—freeing up time for judges and lawyers to focus on decisions.
5. Natural Language Processing (NLP)
NLP is the function through which AI can get the human language. In the legal field, it can turn confusing legal words into simple explanations. This helps everyday people understand their rights and the law more clearly.
6. Consistency in Legal Outcomes
The same kind of case should lead to the same kind of judgment. AI helps spot patterns in past cases so judges can make fairer and more predictable decisions, reducing the risk of different rulings for similar situations.
7. Sentencing and Bail Decisions
AI can help judges by studying old cases to suggest what kind of sentence or bail is suitable. However, if the system was trained on unfair or biased data, it might repeat those same mistakes—like harsher punishment for certain communities.
8. Digital Exclusion
Some people lacks smartphone ,Internet etc.If courts rely only on digital tools, many could be shut out of getting legal help entirely.
9. Algorithmic Bias
If AI systems are trained using flawed or biased legal data—for example, cases that had caste or racial prejudice—they may continue those injustices.
10. Black-box Algorithms
Some AI tools make decisions, but don’t explain how. This is like being told “no” in court without knowing why. It’s a serious problem because people have the right to understand and challenge legal decisions that affect them.
11. Fair and Transparent Legal Process
Justice must be open and explainable. People should know what they’re accused of and have a chance to respond. AI systems must be checked and monitored to make sure they’re fair, accurate, and not making decisions randomly.
12. Human Sensitivity / Judicial Discretion
Good judges don’t just follow rules—they listen, understand emotions, and consider personal circumstances. AI doesn’t posses any morals and understanding.That’s why human judgment will always be important in law.
Case laws
1. Justice K.S. Puttaswamy v. Union of India (2017)
Issue: Right to privacy in the digital age
What it means:
The Supreme Court declared that the right to privacy is part of the right to life and personal liberty under Article 21 of the Constitution. This is important in the context of AI, as many systems collect and use personal data. If that data is misused, people’s privacy can be at serious risk. This case reminds us that even as technology advances, individuals must be protected through strong safeguards and accountability measures.
2. Anuradha Bhasin v. Union of India (2020)
Issue: Internet access and freedom of expression
What it means:
The Court ruled that access to the internet is essential for exercising basic rights like free speech and the right to work. In the AI era, where many legal tools are digital, this case highlights that people must be digitally included. Without internet access, they cannot benefit from AI-powered legal help—meaning the promise of justice would only be for those already connected.
3. Shreya Singhal v. Union of India (2015)
Issue: Internet laws and freedom of speech
What it means:
In this case, the Supreme Court struck down Section 66A of the IT Act, which allowed people to be arrested for online posts deemed “offensive.” The Court said the law was vague and could suppress free speech. This judgment is relevant to AI because if AI tools are used to monitor or judge content, they must be transparent and understandable, not secretive like a “black box.” People have the right to know on which basis judgement are given.
4. Maneka Gandhi v. Union of India (1978)
Issue: Fair legal procedures and personal liberty
What it means:
This landmark judgment expanded the meaning of Article 21, stating that any legal action affecting someone’s freedom must be fair, just, and reasonable—not arbitrary. In today’s world, where AI might help decide who gets bail or what sentence someone receives, this case reminds us that fair procedures and due process must always be followed, even when technology is involved.
Conclusion
In the end we can say with advent of AI we got so many advantages and as well as disadvantages. We have already discussed many of this earlier. This AI is nothing but a technology like telephone in communication, Television for entertainment etc. It depend on us how we try to use this as a good for people.
FAQs
1. What is “access to justice” in the context of AI?
Answer:
It means ensuring everyone—regardless of income, education, or location—can understand and use the legal system. With AI, tools like chatbots and automated forms can make legal help faster and cheaper, but we must ensure they don’t exclude vulnerable groups.
2. How can AI improve access to justice?
Answer:
AI can:
Offer free or low-cost legal advice
Speed up case research and document review
Simplify legal language using NLP
Promote consistency in decisions like bail and sentencing
3. cons of using AI in law.
Answer:
Bias: AI can reflect unfair patterns in the data it’s trained on
Lack of clarity: Some systems don’t explain their decisions
Digital gap: Many people lack access to tech or the internet
No empathy: AI can’t understand human emotions or moral complexity
4. Can AI make court decisions in India?
Answer:
No. Only human judges can decide cases. AI can assist with analysis or suggestions, but final rulings must come from trained legal professionals.
5. Can AI replace lawyers or judges?
Answer:
Unlikely. AI can support legal work, but it lacks human judgment, empathy, and ethical reasoning—qualities essential in legal decision-making.
