Supreme Court Raises Concerns Over Lawyers Using AI-Generated Fake Citations, Flags Non-Existent Cases And Fabricated Quotes In Pleadings
From the Editor's Desk
The Supreme Court on Tuesday flagged concerns over lawyers filing AI-drafted petitions that include fabricated case citations. The remarks came during a hearing before a bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice BV Nagarathna.
“We are alarmed to reflect now- some of the lawyers have started AI to draft. It is absolutely uncalled for,” the Chief Justice said. Justice Nagarathna noted she had recently encountered a purported citation—“Mercy v. Mankind”—which, she said, did not exist.
The CJI also referred to a similar episode in Justice Dipankar Datta’s court. “Not one, series of such judgements were cited,” he said.
Justice Nagarathna pointed to another issue as well: instances where the case citation is accurate, but the judgment is attributed with invented quotations. She said this places an additional burden on judges. She added that she had raised concerns about similar practices just last week.
Justice Bagchi, meanwhile, observed that legal drafting has taken a hit in recent years, noting that Special Leave Petitions are increasingly reduced to little more than extracts from earlier rulings. Recalling an earlier generation of advocates, he said doyens such as Senior Advocate Ashok Kumar Sen were exceptional draftsmen whose pleadings were precise, concise and original.
The court’s observations follow a recent instance in which the Bombay High Court imposed costs on a litigant for relying on AI-generated fake citations.
