- The Supreme Court on Thursday asked the Centre to consider suggestions given by a petitioner on framing binding guidelines on ethics and transparency in AI-based surveillance and content moderation.
- A three-judge bench headed by Chief Justice Surya Kant was hearing a petition filed by advocate Narendra Kumar Goswami.
- The bench stated, “We are not the experts. It is a highly technical issue and it is in policy domain.”
- The bench directed the authorities to consider the suggestions for taking appropriate measures while disposing of the petition.
- In February this year, the petitioner submitted a representation to the government regarding the need for guidelines on AI ethics.
- In his PIL, Goswami sought a direction to the Centre to file an affidavit disclosing all existing and proposed high-risk AI systems used by ministries or agencies in welfare, policing, surveillance, and content regulation.
- The petition also called for the establishment of a high-powered expert committee to frame guidelines on AI ethics and transparency.
The Supreme Court of India has called on the government to address a petition concerning the regulation of high-risk AI technologies that influence public welfare. The petition, filed by advocate N.K. Goswami, raises critical concerns about the lack of a statutory framework governing AI's role in welfare, policing, and surveillance.1
The bench, led by Chief Justice Surya Kant, acknowledged the technical complexities involved, stating, “We are not the experts. It is a highly technical issue and it is in policy domain.” The court emphasized the need for comprehensive guidelines on AI ethics and transparency, particularly in systems affecting fundamental rights.23
Goswami's petition requests the government to disclose all existing and proposed high-risk AI systems used in welfare allocation, predictive policing, and content moderation. He argues that “technology affecting fundamental rights cannot be permitted to operate outside the discipline of the Constitution.” The petition also calls for a high-powered expert committee to establish binding guidelines on AI ethics and mandatory algorithmic impact assessments.67
The court's response indicates a recognition of the urgent need for regulation, as AI technologies increasingly permeate governance, impacting citizens' access to essential services. The bench has directed the authorities to consider the petitioner's suggestions and take appropriate measures, highlighting the importance of transparency and accountability in AI deployment.
Goswami's plea underscores the necessity for a legal framework to ensure that AI systems operate within constitutional boundaries, safeguarding citizens' rights and welfare.
“The bench told the petitioner to send the writ petition as a representation, noting he had already submitted one in February. The petition seeks a complete affidavit disclosing all high-risk AI systems used by ministries, along with algorithmic impact assessments and bias audits within six weeks.”
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