Debate Proposition – By Prof Abhishek Mishra, BML Munjal University

Zanbar is a prosperous city island in the Indian Ocean that shares a very strong diplomatic
relationship with India. Due to a bilateral arrangement entered between India and Zanbar all
Indian laws automatically enter into effect in Zanbar as well. This extends to even the Zanbar
constitution which has identical provisions to the Indian constitution.

Zanbar as an independent nation is inhabited by diverse tribes that co-exist peacefully in a

hierarchical system. Due to the hierarchical social structure, most marginalized tribes have
faced discrimination and persecution for ages. This has disintegrated to some extent since the
constitutional provisions came into effect declaring any form of discrimination illegal and
punishable in the country.

In 2023, in a bid to modernize the judicial system, Zanbar decided to integrate the Artificial
Intelligence system into its judicial decision making process. A law ‘AI Integration In Judicial
Decision Making Act, 2023’ (‘Act’) was passed in the Zanbar parliament and came into effect
on 2nd June 2023. As per the objective clause in the new Act, AI integration would lead to
better management of judicial cases by delivering justice faster and increasing the overall
efficiency of the Zanbar courts. The Act further clarified that the new system will only be used
initially in cases of bail and for assisting judges in arriving at sentences for convicted
individuals and predicting the likelihood of recidivism. After trials with various software, NCaP
software was found to be most accurate, reliable and efficient. A unique feature of this AI
program called NCaP is that it takes a comprehensive view, especially the background of the
individual, before arriving at its conclusion.

This was perceived to be a groundbreaking step that upon implementation would

revolutionise the entire judicial system of Zanbar. However, a mid-year review of the
performance of the new system revealed that in various cases particularly involving the
‘Kunki’ tribe, a tribe with a long history of marginalization, the AI system has been giving
harsher punishments in comparison to other tribes.
Peoples Group, a prominent NGO, has taken up the case and has filed a public interest
litigation before the Supreme Court of Zanbar challenging the constitutionality of ‘AI
Integration In Judicial Decision Making Act, 2023’ on grounds of promoting arbitrariness,
discrimination and systemic bias in judicial decision making.