Artificial Intelligence as an Auxiliary Tool in Judicial Adjudication: Constitutional and Ethical Boundaries Drawn in Ishfaq Ahmed v. Mushtaq Ahmed (PLD 2025 SC 582)

Abstract

The integration of artificial intelligence (AI) into judicial systems represents a transformative opportunity to address chronic delays and backlogs while raising profound constitutional and ethical questions. In Ishfaq Ahmed v. Mushtaq Ahmed (2025 SCP 112, reported as PLD 2025 SC 582), the Supreme Court of Pakistan, in a judgment authored by Justice Syed Mansoor Ali Shah, endorsed AI as an auxiliary tool for enhancing judicial efficiency without supplanting human reasoning or compromising core principles of justice. This landmark ruling arose from a routine tenancy dispute between brothers that spanned seven years, highlighting systemic delays that infringe on the right to fair and expeditious justice under Articles 10A and 37(d) of the Constitution of Pakistan, 1973. The Court affirmed the petitioner's ownership claim and set aside the Lahore High Court judgment but used the occasion to deliberate on AI's role, cautioning against over-reliance due to risks like hallucinations, bias, opacity, and erosion of public trust. Drawing on global precedents and Pakistan's constitutional framework, this article examines the judgment's implications, analyzes constitutional boundaries (fair trial, judicial independence, human dignity), and explores ethical dilemmas (bias amplification, accountability, transparency). It incorporates similar ideas from international cases, such as COMPAS in the US, Pretor IA in Colombia, and Smart Courts in China. Recommendations include developing comprehensive guidelines by the National Judicial (Policymaking) Committee (NJPMC) and Law and Justice Commission of Pakistan (LJCP), mandatory AI literacy training, algorithmic impact assessments, and human oversight protocols. The article concludes that AI can augment access to justice only if firmly subordinated to human judicial conscience, preserving the humanity essential to legitimate adjudication.

Keywords: Artificial Intelligence, Judicial Adjudication, Auxiliary Tool, Constitutional Boundaries, Ethical Concerns, Fair Trial, Article 10A, Access to Justice, Human Reasoning, Judicial Autonomy, Large Language Models (LLMs), Algorithmic Bias, Pakistan Supreme Court