SCAORA seeks removal of mandatory AI disclosure requirement for lawyers in Supreme Court draft regulations

Abstract
The Supreme Court Advocates-on-Record Association (SCAORA) has submitted comments on the Supreme Court's Draft Regulations for Use of Artificial Intelligence in Courts, 2026. SCAORA recommends that the proposed requirement mandating lawyers to disclose the use of artificial intelligence tools be removed. The association argues that advocates are already personally responsible for the accuracy of every filing under the Advocates Act, 1961 and the Supreme Court Rules, 2013, making a separate disclosure requirement unnecessary.
Introduction
The Supreme Court's Draft Regulations for Use of Artificial Intelligence in Courts, 2026 have sparked debate among legal professionals. The draft regulations propose a comprehensive framework governing the use of artificial intelligence across various courts in India. However, one aspect of the draft has raised concerns among lawyers: the proposed requirement that parties disclose whenever AI tools are used in preparing pleadings, documents or evidence. The Supreme Court Advocates-on-Record Association (SCAORA) has weighed in on this issue, recommending that the disclosure requirement be removed.
Background
The draft regulations were released by the Supreme Court's AI Committee, which seeks to create a framework for the use of artificial intelligence across various courts in India. The draft permits AI-assisted legal research, drafting, translation, transcription and case management. However, it also proposes that parties disclose whenever AI tools are used in preparing pleadings, documents or evidence. This disclosure requirement is contained in Regulations 43(3) and 43(4).
Analysis
The outcome of this matter has not yet been reported. However, SCAORA's comments are likely to influence the final draft regulations. The association's arguments about the professional obligations of advocates and the existing framework governing their conduct may persuade the Supreme Court to reconsider the proposed disclosure requirement.
Conclusion
The use of artificial intelligence in courts is a rapidly evolving area of law. Practitioners must stay informed about developments such as SCAORA's recommendation to remove the disclosure requirement. As the legal landscape continues to shift, lawyers will need to be adaptable and responsive to changes in the regulatory framework.
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