ALGORITHMIC TRANSFORMATION IN THE JUDICIARY: THE CALL FOR A JUDICIAL AI ACT IN PAKISTAN

Abstract

Artificial intelligence is an unstoppable and widely recognized global trend driving revolutionary changes in almost all fields of life, including the judicial system worldwide. This study neither buys into AI hype nor relies on fictional grounds for its potential; it strictly counts on the factual potential in Pakistan’s judicial system. This study uses the current statutory frameworks to identify the inevitable need for a separate legislative framework for AI use within the judiciary. The main objective of this research is to show that, amid AI-driven efficiency, the rigid colonial-era laws and case backlogs can be overcome in Pakistan’s judiciary. Through AI's extensive access to jurisprudence, it is now mandatory for Pakistan to eliminate traditional systemic errors that are dragging it away from the path of justice. It also examines constitutional concerns regarding the legal role of AI as an assistive tool, not decisive, in full compliance with current legal requirements. Data are generated through doctrinal and comparative analysis. It examines international collaboration on technology and AI utilization with various countries and Pakistan’s growth in the context of vast international frameworks, including the UNESCO Guidelines and the EU AI ACT 2024. It also draws a comparative analysis with several countries worldwide to develop an effective action plan for Pakistan’s judicial system. This study's analysis revealed areas for improvement in addressing AI drawbacks within the judiciary, such as liability void, the ‘Black box’ paradox, algorithmic bias, legal concerns about data sovereignty, hallucination, reliability limitations, and AI contextual blindness to navigate customs and norms. Following previous concerns, this paper endorses the assistive role of AI, the critical need for a human centered approach, and a digital literacy mandate. To address these risks, this paper’s findings suggest that a judicial AI council should present a centralized legislative framework for responsible AI deployment and maximize the rule of law in the judiciary.