Legal education must ensure critical review of AI-generated content: Justice B R Gavai

NEW DELHI: Supreme Court's Justice B R Gavai has underscored the responsible use of artificial intelligence (AI) through its critical review in legal education for accuracy and legal validity. He was speaking on "Law, Technology and Legal Education" at the University of Nairobi.

Justice Gavai said legal education always laid a strong emphasis on ethical conduct, integrity, and professional responsibility underlining plagiarism and the ethical use of AI in legal research as the two key concerns. "To promote responsible AI usage, legal education must emphasise the critical review of AI-generated content for accuracy and legal validity. AI tools should be viewed as supplements rather than replacements for human legal reasoning," the judge said.

Students must verify AI-generated citations and case references to ensure reliability, he said, and explore issues of AI bias and fairness, particularly in criminal justice, contract law, and predictive analytics.

Justice Gavai said educators could incorporate case studies highlighting instances where AI had failed or resulted in unethical legal outcomes and just as legal professionals disclosed conflicts of interest, students should acknowledge the use of AI tools in research and writing.

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"The expansion of digital platforms has also necessitated laws governing online content regulation, misinformation, and digital defamation. Social media platforms, streaming services, and digital news outlets have transformed how information is disseminated, often blurring the lines between free speech, misinformation, and harmful content. Additionally, advancements in blockchain technology and cryptocurrencies have introduced novel legal challenges," he said.

"AI as a tool for justice"

Justice Gavai, in line to be the next Chief Justice of India, said law schools must establish clear guidelines for students on defining AI-assisted plagiarism, such as submitting AI-generated legal briefs without proper review, when and how to cite AI-generated content, ensuring that attribution was mandatory if permitted, and maintaining an ethical boundary between AI assistance and authorship. He said by addressing these concerns proactively, legal education could evolve to integrate technology without compromising ethical standards.

"I would say that technology is reshaping the legal profession, and law schools must evolve accordingly," Justice Gavai said. He said through ethics-driven education, transparent policies, and innovative teaching methodologies, the next generation of legal professionals would be well-prepared to use AI as a tool for justice rather than a shortcut to academic or professional misconduct.

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"With the widespread availability of AI-powered legal research tools, automated case analysis, and content generation platforms, law students must be equipped with the knowledge and ethical framework to use these technologies responsibly," he added.

The SC judge said this required law schools to adopt comprehensive pedagogical strategies that emphasise academic integrity, proper citation practices, and the limitations of artificial intelligence in legal reasoning. "However, the rapid advancement of artificial intelligence and machine learning has also given rise to significant legal and ethical concerns. The use of AI-driven research is becoming more prevalent. Legal scholars are grappling with issues related to AI accountability," he said.

Credibility of ChatGPT

Justice Gavai asked what happens when ChatGPT generated a text based on some previously published article, without even citing it? "Or, if multiple researchers use similar keywords, would ChatGPT yield identical results?" he asked.

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"Technology has also revolutionised access to knowledge by democratising information. In the past, conducting research often meant hours in libraries or relying on limited resources. Now, with the internet and digital databases, information is just a few clicks away," he said.

The integration of cyber laws, he said, aside from data protection and intellectual property law into legal curricula ensured students had a holistic understanding of the legal and ethical challenges in the digital era. "Future lawyers must be proficient not only in traditional legal principles but also in navigating the complex legal landscape of technology, innovation, and digital governance," he added.