INTRODUCTION
The age of AI has begun to emerge out of its shell as it has been made easily accessible to the general public all around the globe. AI has already revolutionized many industries up till now, such as education, coding, machine learning, and many more. Now people have turned it towards a legal part of the world. And to the surprise AI is highly capable of adapting to the legal system of various countries as it uses databases that are uploaded on the internet it can also access various sites which are officially authorized by the government. In the legal field, it can also access various judgments which have been delivered policies that have been formed, and legislations that are drafted. It also can analyze various types of data and summarize the crucks of it.
With all these perks is AI sufficient for drafting a legislature? What will be the level of accuracy of these drafts? Will they be sufficient enough to fulfil the purpose for which the legislature is being drafted? Will this eradicate the need for a human who is currently appointed as an official person to draft the legislation? All these questions will be analyzed and answered in this short and precise blog.
PROCESS OF DRAFTING LEGISLATION TRADITIONALLY
Drafting of legislation is a very tedious and lengthy procedure that is conducted by various ministers and persons who are well acquitted by the law and the current conditions of society. While drafting a legislation various conditions are subjected to satisfaction to achieve the main purpose or the aim for which the legislation is being drafted.
Let’s take a look at the procedure which is followed while drafting legislation in India
- Firstly, an analysis is done to figure out the need for the legislation.
- After this, a proposal is made by the person who is the minister of the relevant field on behalf of the government[1].
- After which a bill is drafted and it is made public for 30 days to receive feedback
- The opinions of the people are requested who are experts in the field in which the legislation is to be formed and then the draft is examined by the respective authorities.[2]
- After all these considerations a memorandum is drafted which is then to the respective cabinet after receiving clearance from the Ministry of Legal affairs.[3]
- After which Ministry of Law and justice (legislative department) will prepare the draft of the bill within 30 days of receiving the bill from ministry of legal affairs.[4]
This is the basic procedure that is followed for the drafting of legislation. After this, the process of passing the bill in both houses is done. But the main aspect of this research is the part of drafting which is visible as a procedure involving a lot of complications.
AI IN TRANSFORMING LEGISLATIVE DRAFTING
AI is such a tool that when used wisely can do wonders for society. In this case, AI can do the part of drafting in a quite easy and time-efficient manner. We can input the issues for which the legislation is being drafted and ai is capable enough to provide unique solutions. When a law is drafted by a person it can consist of certain biasness to a particular group of society whilst the AI on the other hand can provide a solution free from any sort of biasness. It can also provide certain solutions which are modern.
Let’s understand this within an illustration
A government to establish equity before the law wants to create a single law for governing the marriage and divorce of two religious groups namely “A” and “B”. A and B have completely different sets of laws that are currently governing their marriage and divorce. The culture and the traditions of “A” and “B” are also very diverse. In this case, if we adopt the traditional method of drafting the legislation it can consume a lot of time and in-depth research and knowledge of both the religious groups. There is a higher chance of a business being generated for a particular religious group either A or B.
On the other hand, if the AI is directed to draft legislation, then in that situation there is a high probability of the legislation not being biased towards any particular religious group. The value of time consumed will be drastically reduced and both of the religious groups can be brought under the same umbrella without extreme hassle for researching or analyzing the situations, traditions, and rituals of the religious groups.
COMPARISON OF PRECISION AND QUALITY OF AI DRAFTING AND TRADITIONAL DRAFTING
Traditional drafting:
- The time invested in the research and analysis well performing traditional drafting of the legislature will be a lot higher than that of an AI.
- The opinion of experts in that field is taken into consideration as they are not only part and parcel of the field but our highly knowledgeable in that field.
- Traditional drafting can contain certain errors but the procedure which is fixed is mostly capable enough to eradicate almost all the errors, which uses the process of cross-checking the draft at various points of the procedure.
- There are chances of biases of thoughts when there is a use of the traditional legislation drafting method.
AI-powered drafting
- AI is such a tool that can minimize the time required for the research and drafting of the legislation.
- It has a chance of committing fewer errors whilst creating the draft.
- The chances of biases will be drastically less than the traditional drafting.
- The major drawback of this is the lack of expert opinion in the field as AI only can access the data which is available on the internet and is quite away from the ground reality which is an existence
CONCLUSION
Integration of AI into the law-making field has the potential to change the legal system in India. These AI-powered tools provide clear, measurable, and efficient solutions that can help improve all aspects of design, accuracy, speed, and overall results. Legislators and legal professionals can benefit from using the capabilities of artificial intelligence to analyze existing laws, their implications, and their limitations. It can be used as a tool to identify inconsistencies or inconsistencies that will help improve the quality of regulations. However, it is important to see AI as an additional tool for humans, not as a replacement for humans. The people’s legislators play an important role in the legal process, including analysis, understanding the facts, good thinking, and social influence in the law. Necessary processes and procedures should be established for the use of artificial intelligence in the creation of laws. In addition, continuous evaluation and optimization of AI algorithms are essential to ensure a certain level of accuracy, reliability, and compliance with legal and ethical standards.
All in all, the integration of intellectual knowledge to establish the legal framework will usher in a new era and revolutionize the legal system in India. By using its potential, policymakers can be effective, improve the quality of law, and ultimately contribute to the effective and efficient use of law.
Author(s) Name: Manjot P. Kathawade (MIT-WPU, Pune)
Reference(s):
[1] Manual of Parliamentary Procedures in the Government of India, ch 9 (9.2) (a)
[2] Manual of Parliamentary Procedures in the Government of India, ch 9 (9.2) (d)
[3] Manual of Parliamentary Procedures in the Government of India, ch 9 (9.2) (d) (i)
[4] Manual of Parliamentary Procedures in the Government of India, ch 9 (9.3)
