TC-MKN22

XIV M.K. NAMBYAR MEMORIAL NATIONAL LEVEL MOOT

COURT COMPETITION, MARCH 2024

Before

THE HON’BLE SUPREME COURT OF SALMON

PETITION NUMBER _______ / 2051

FILED UNDER ARTICLE 32 OF

THE CONSTITUTION OF SALMON

IN THE MATTER BETWEEN:

JAN JEEWAN SWASTHA & ORS. .…… PETITIONER

VERSUS

UNION OF SALMON ……. RESPONDENT

MEMORIAL for RESPONDENT

XIV M.K. NAMBYAR MEMORIAL NATIONAL LEVEL MOOT COURT COMPETITION, MARCH
2024

TABLE OF CONTENTS

Table Of Contents ……………………………………………………………………I

Index Of Authorities ………………………………………………………………...II

List Of Cases ………………………………………………. …………………….…IV

Index Of Abbreviations ………………………...…………………………………..VI

Statement of Jurisdiction……………………………………………………………VII

Questions Presented………………………………………………………………….IX

Statement Of Facts……………………………………………………………………X

Summary Of Pleadings………………………………………………………………XII

Pleadings……………………………………………………………………………..1.

1. WHETHER THE PROVISIONS OF AI ACT VIOLATE THE FUNDAMENTAL

RIGHTS OF FARMERS TO CULTIVATE THEIR OWN FIELD USING THE
METHOD OF THEIR CHOICE AND THEIR RIGHT TO OBTAIN FINANCIAL
ASSISTANCE IN CASE OF THEIR ECONOMIC DIFFICULTIES?

1.1 No Fundamental Rights Violated…………………………………………………..1

1.2 Challenges in Traditional Farming Practice………………………………………. 2

1.3 Application of AI in Agriculture…………………………………………………...3

1.4 Aid with Economic Empowerment……………………………………………….. 5

2. WHETHER THE PROVISIONS OF AI ACT, WHICH PROVIDES FOR EQUAL

STIPEND IRRESPECTIVE OF DIFFERENCE OF MERITS OF THE PERSONS,
VIOLATE RIGHT TO EQUALITY?

2.1 AI and the Right to Equality ………………………………………………………7

2.2 Societal Welfare and Economic Stability …………………………………………8

2.3Addressing Economic Disparities ………………………………………………….9

2.4 Administrative Feasibility ………………………………………………………..10

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3.WHETHER PROVISIONS OF AI ACT VIOLATE FREEDOM TO LIVE WITH

DIGNITY, FREEDOM OF EMPLOYMENT, AND RIGHT TO BE PAID FOR
WORK?

3.1 Article 21 is not an Absolute Right……………………………………………….11

3.2 Employment Rights: Right to be paid for work…………………………………..12

4. WHETHER THE PROVISIONS OF AI ACT VIOLATE THE FREEDOM OF

PROFESSION OF MEDICAL PRACTITIONERS AND THE RIGHT TO
PRACTICE THE TRADITIONAL METHOD OF HEALTHCARE?

4.1 AI Applications in Health Care………………………………………………...…14

4.1.1 Streamlines Tasks ……………………………………………………………....14

4.1.2 Accessibility and Equity ……………………………………………………….15

4.2 Complementary Role of AI ………………………………………………………15

4.2.1 Diagnostic Assistance ………………………………………………………….16

4.2.2 Patient Monitoring and Management …………………………………………..16

4.3 Augmentation, Not Replacement ………………………………………………...16

5.WHETHER THE JUDICIAL FUNCTION OF ADMINISTRATION OF JUSTICE

THROUGH AI TECHNOLOGY IS VIOLATIVE OF BASIC STRUCTURE OF THE
CONSTITUTION?

5.1 AI in Judiciary ……………………………………………………………………18

5.1.1 Organizing Information ………………………………………………………...18

5.1.2 Advise ………………………………………………………………………….19

5.1.3 Predictions ……………………………………………………………………...19

5.2 Ethical Principles ………………………………………………………………...20

5.3 AI related start-ups in India ………………………………………………………21

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INDEX OF AUTHORITIES

BOOKS REFERRED:

1. D.D. BASU: “CONSTITUTION OF INDIA”, LEXIS NEXIS, NAGPUR,

14TH EDN. (2009)
2. D.D. BASU: “SHORTER CONSTITUTION OF INDIA”, PRENTICE
HALL OF INDIA PVT. LTD., NEW DELHI, 12TH EDN
3. DR. J.N. PANDEY, “CONSTITUTIONAL LAW OF INDIA”, CENTRAL
LAW AGENCY, 51ST EDN. (2013)
4. JAIN M.P., “INDIAN CONSTITUTIONAL LAW”, WADHWA AND
COMPANY, NAGPUR, 5TH EDN. (REP.2005)
5. V.N. SHUKLA, “CONSTITUTION OF INDIA”, EASTERN BOOK
COMPANY, 12TH EDN. (2013).
6. DR. PARAMJIT S. JASWAL, DR. NISHTHA JASWAL, VIBHUTI
JASWAL, “ENVIRONMENTAL LAW”, ALLAHABAD LAW
AGENCY,4TH EDN.
7. DR. NANDITA ADIKARI, LAW AND MEDICINE, CENTRAL LAW
PUBLICATIONS, 4TH EDN.
8. DR. BINDUMOL V.C., MEDICAL LAW, ALLAHABAD LAW
AGENCY, 3RD EDN.
9. DR. KRISHNA PAL MALIK, INFORMATION TECHNOLOGY AND
CYBER LAW, ALLAHAABAD LAW AGENCY, 2ND EDN.
10. ALL INDIA REPORTS.
11. SUPREME COURT CASES

DICTIONARIES:

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1. BLACK HENRY CAMPBELL, BLACK ' S LAW DICTIONARY 6TH

ED., 1990
2. GARNER BRYAN, BLACK ' LAW DICTIONARY, 7TH ED
3. THE NEW LEXICON ‘WEBSTER DICTIONARY’, EDITION 1990,
LEXICON PUBLICATION

STATUTES REFERRED:

1. THE CONSTITUTION OF INDIA, 1950

2. THE INFORMATION TECHNOLOGY ACT, 2000
3. THE MEDICAL PRACTITIONERS ACT, 2007
4. THE MEDICAL COUNCIL ACT, 1956
5. THE MEDICAL COUNCIL ACT, 2020
6. THE HUMAN IMMUNODEFICIENCY INFECTION AND AIDS
(PREVENTION AND CONTROL) ACT, 2017
7. THE UNIVERSASLS DECLARATION OF HUMNAN RIGHTS

LIST OF WEBSITES REFERRED:

1. HTTP://WWW.CDJLAWJOURNAL.COM
2. HTTP://WWW.EBC-INDIA.COM
3. HTTP://WWW.LIVELAW.COM
4. HTTP://WWW.MANUPATRA.COM
5. HTTP://WWW.THEHINDU.COM
6. HTTP://WWW.TIMESOFINDIA.INDIATIMES.COM
7. HTTP://WWW.SCCONLINE.COM
8. HTTP://IACAJPURNAL.ORG/ARTICLES/10.36745/IJCA.343
9. HTTPS://TIMESOFINDIA.INDIATIMES.COM/BLOGS/VOICES/THE-
CHALLENGES-THAT-INDIAS-AGRICULTURE-DOMAIN-FACES/
10. HTTPS://WWW.FORBES.COM/SITES/COGNITIVEWORLD/2019/07/0
5/HOW-AI-IS-TRANSFORMING-
AGRICULTURE/?SH=66D8E8414AD1

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11. HTTPS://WWW.WEFORUM.ORG/IMPACT/AI-FOR-AGRICULTURE-
INDIA/#:~:TEXT=INDIA'S%20FARMERS%20COMBAT%20CLIMATE
%20CHANGE,THROUGH%20AGRITECH%20AND%20DATA%20MA
NAGEMENT.

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LIST OF CASES

S.NO. NAME OF CASE CITATION

1. OLGA TELLIS V. BOMBAY 1986 AIR 180 SCR
MUNICIPAL CORPORATION SUPL (2)
2. PEOPLE’S UNION FOR CIVIL AIR 1997 SC 568 JT (1)
LIBERTIES V. UOI
3. STATE OF KARNATAKA V. 1978 AIR 215 SCR (1)
RANGANATHA 641
4. CHAMELI SINGH & ORS V. STATE AIR 1996 SC 1051 JT
OF U.P. & ORS (9) SC 380
5. MOHD. HANIF QURESHI V. STATE 1958 AIR 731 1959 SCR
OF BIHAR 629
6. K.T. PLANTATION PVT. LTD. V. (2011) 9 SCC 1
STATE OF KARNATAKA
7. STATE OF GUJARAT V. MIRZAPUR AIR 2006 (212)
MOTI KURESHI KASAB JAMAT
8. BANDHUA MUKTI MORCHA V. 1984 AIR 802, SCR
UOI (2)67
9. INDIRA SAWHNEY & ORS V. UOI 1992 SCC (LS) SUPP 1
10. M.C. MEHTA V. UOI 1987 AIR 1086 SCR (1)
819
11. RAM KRISHNA DALMIA V. J. AIR 1958, SC 538
TENDALKAR

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INDEX OF ABBREVIATIONS

1. CJI Chief Justice of India

2. V. Versus
3. Hon’ble Honourable
4. AI Artificial Intelligence
5. SMS Short message service
6. Wi-fi Wireless Fidelity
7. NLP Natural Language Processing
8. NITI National Institution for Transforming india
9. MRI Magnetic Resonance Imaging
10. CT Computed Tomography
11. COMPAS Correctional Offender Management Profiling
for Alternative Sanctions
12. SMEs Small and Medium sized enterprises
13. TERES Technology Enabled Resolution
14. CEPEJ European Commission for the Efficiency of
Justice
15. IEEE Institute of Electrical and Electronics Engineers

16. HUDOC European Court of Human Rights

17. IQ Intelligence Quotient
18. ECHR European Convention on Human Rights
19. SCOTUS Supreme Court of the United States
20. Vol. Volume
21. Sec Section
22. SCC Supreme Court Cases
23. UOI Union of India
24. SC Supreme Court

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25. SUPACE Supreme Court Portal for Assistance in Court’s

Efficiency
26. AIR All India Record
27. Art Article
28. EDN. Edition

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STATEMENT OF JURISDICTION

The Honorable Supreme Court of Salmon has the jurisdiction in this matter under
Article 32 of the Constitution of Salmon which reads as follows:

"32. Remedies for enforcement of rights conferred by this Part

1. The right to move the Supreme Court by appropriate proceedings for the
enforcement of the rights conferred by this Part is guaranteed
2. The Supreme Court shall have power to issue directions or orders or writs,
including writs in the nature of habeas corpus, mandamus, prohibition, quo
warranto and certiorari, whichever may be appropriate, for the enforcement of
any of the rights conferred by this Part."

Therefore, the counsel for the respondent submits that the Hon’ble Supreme Court of
Salmon has the jurisdiction.

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QUESTIONS PRESENTED

1. WHETHER THE PROVISIONS OF AI ACT VIOLATE THE

FUNDAMENTAL RIGHTS OF FARMERS TO CULTIVATE THEIR
OWN FIELD USING THE METHOD OF THEIR CHOICE AND THEIR
RIGHT TO OBTAIN FINANCIAL ASSISTANCE IN CASE OF THEIR
ECONOMIC DIFFICULTIES?

2. WHETHER THE PROVISIONS OF AI ACT, WHICH PROVIDES FOR

EQUAL STIPEND IRRESPECTIVE OF DIFFERENCE OF MERITS OF
THE PERSONS, VIOLATE RIGHT TO EQUALITY?

3. WHETHER PROVISIONS OF AI ACT VIOLATE FREEDOM TO LIVE

WITH DIGNITY, FREEDOM OF EMPLOYMENT, AND RIGHT TO
BE PAID FOR WORK?

4. WHETHER THE PROVISIONS OF AI ACT VIOLATE THE

FREEDOM OF PROFESSION OF MEDICAL PRACTITIONERS AND
THE RIGHT TO PRACTICE THE TRADITIONAL METHOD OF
HEALTHCARE?

5. WHETHER THE JUDICIAL FUNCTION OF ADMINISTRATION OF

JUSTICE THROUGH AI TECHNOLOGY IS VIOLATIVE OF BASIC
STRUCTURE OF THE CONSTITUTION?

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STATEMENT OF FACTS

1. Salmon, a technologically advanced country, implemented an Artificial

Intelligence (AI) Policy in 2030. By 2035, agriculture was fully automated and
successful. In 2040, a pilot project ran a medical hospital on AI, achieving a
90% correct diagnosis and treatment rate. Impressed by the success of AI, the
government embraced it fully.
2. With strong emphasis on research and development, Salmon became a global
leader in AI innovation by 2050. Companies and startups in Salmon made
significant advancements in AI technologies for agriculture, automobiles,
healthcare, robotics, and smart infrastructure. The country established world-
class AI research institutes and collaborated with international organizations
and universities. AI applications in healthcare revolutionized diagnostics and
personalized medicine, while AI techniques optimized crop farming and
education platforms personalized learning experiences. Salmon also developed
AI-driven smart cities with advanced infrastructure and efficient transportation
systems. The government ensured ethical and responsible AI deployment
through comprehensive policies and regulations. AI innovation also positively
impacted crime investigation, increasing the conviction rate and reducing
crime.
3. In 2050, the Union of Salmon introduced the Artificial Intelligence Supported
Ecosystem Act, implementing AI across the country and initiating a universal
financial support scheme. The Act discontinued human involvement in
agriculture and removed traditional agricultural loan facilities, where farmers
were paid a monthly stipend proportionate to their surrendered land.
4. The Act also introduced a national stipend provision, making work voluntary
and outsourcing tasks like housekeeping, cooking, and plumbing to AI.
Individuals who preferred employment could apply to the government,
receiving the same stipend as unemployed individuals.
5. An AI-assisted healthcare provision reduced medical costs, and the Act
introduced an AI judge in the Supreme Court with plans for more AI judges.

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6. Basappa, a farmer, was denied loan to cultivate his land and he challenged the
AI Act's constitutionality as he was forced to surrender his land and receive
stipend.
7. Pratap, a 24-year-old with an automobile engineering degree, applied for
employment in the automobile industry but was paid wages equal to the
stipend paid to unemployed youths. Pratap felt that his qualifications placed
him at a higher pedestal than unemployed youths and that it violated his
fundamental rights to dignity, employment, and payment for work.
8. Jan Jeewan Swastha, an association of doctors, argued that the AI Act violated
their fundamental right to profession and created complications in litigation
procedures.
9. Anand, an advocate at the Supreme Court, argued that the judiciary should be
free from AI intrusion, as it requires human touch and cannot be mechanical.
10. After receiving multiple petitions, the Supreme Court of Salmon decided to
club all cases in Jan Jeewan Swastha and Others Versus the Union of Salmon.
The final hearing of this case is scheduled for November 2021.

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SUMMARY OF PLEADINGS

Issue 1- Whether the provisions of AI act violate the fundamental rights of

farmers to cultivate their own field using the method of their choice and their
right to obtain financial assistance in case of their economic difficulties?

It is humbly submitted before this Hon’ble court that the AI act does not violate the
fundamental rights of farmers to cultivate their own field using the method of their
choice and their right to obtain financial assistance in case of their economic
difficulties.

Issue 2- Whether the provisions of AI act, which provides for equal stipend
irrespective of difference of merits of the persons, violate right to equality?
It is humbly submitted before this Hon’ble court that the AI act which provides for
equal stipend irrespective of difference of merits of the persons, does not violate right
to equality but upholds it.

Issue 3- Whether provisions of ai act violate freedom to live with dignity, freedom
of employment, and right to be paid for work?
It is humbly submitted before this Hon’ble court that provisions of ai act do not violate
freedom to live with dignity, freedom of employment, and right to be paid for work. It
boosts socio-economic conditions of the citizens.

Issue 4- Whether the provisions of ai act violate the freedom of profession of

medical practitioners and the right to practice the traditional method of
healthcare?
It is humbly submitted before this Hon’ble court that act does not violate the freedom
of profession of medical practitioners and the right to practice the traditional method
of healthcare. The advancement helps in the welfare of the public.
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Issue 5- Whether the judicial function of administration of justice through ai

technology is violative of basic structure of the constitution?

It is humbly submitted before this Hon’ble court that the judicial function of
administration of justice through ai technology is not violative of basic structure of the
constitution but in uniformity with it.

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PLEADINGS

ISSUE 1

WHETHER THE PROVISIONS OF AI ACT VIOLATE THE

FUNDAMENTAL RIGHTS OF FARMERS TO CULTIVATE THEIR OWN
FIELD USING THE METHOD OF THEIR CHOICE AND THEIR RIGHT TO
OBTAIN FINANCIAL ASSISTANCE IN CASE OF THEIR ECONOMIC
DIFFICULTIES?

It is humbly submitted before this Hon’ble Supreme Court of Salmon that the
provisions of the AIESA 2050, are in uniformity with the Constitution and do not
violate any rights of the farmers. The legislature of Salmon passed the AI Act in order
to address the urgent problems of social welfare, technical advancement, and
economic development. In order to use AI technology for the good of society, it is a
legal use of legislative authority.

The AI Act, which was proposed by the Union of Salmon, is a thoughtful law intended
to use artificial intelligence to advance societal welfare. It is a positive move towards
improving technology, guaranteeing effectiveness, and resolving financial difficulties.
Given that the AI Act is within the purview of legislative authority, it is consistent
with the constitutional framework. The government is able to enact laws and rules for
the benefit of its people, including allowing AI to be used in a variety of industries.
The Act aims to improve overall production and alleviate economic inequities by
automating agriculture. In order to help farmers who are having financial difficulties
and to ensure a sustainable means of subsistence, the government decided to stop
offering traditional agricultural loans and instead offer a stipend.

1.1 No Fundamental Rights Violated

Public goals that transcend personal choices or interests include food security,
economic progress, and technological innovation—all of which are served by the AI
Act. Legislative actions that improve society as a whole are recognised by Indian

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jurisprudence as long as they are not capricious or prejudiced. Since the AI Act gives
farmers an alternative source of income through the stipend system, it does not violate
their fundamental right to a living under Article 21 of the Indian Constitution.
Through equal access to cutting-edge agricultural technologies, it ensures that
marginalized groups and small-scale farmers may reap the benefits of technical
breakthroughs.

Through the stipend system, the AI Act offers a guaranteed source of income,
facilitating economic empowerment. The Indian Constitution guarantees equal
protection under the law in Article 14 and protects the right to life and personal liberty
in Articles 21 and 39(b). In order to advance the welfare of the populace, Article 38
aims to secure and uphold a social order in which all governmental, social, and
economic institutions are guided by principles of fairness. Within the bounds of its
economic capabilities and development, Article 41 guarantees the right to labour,
education, and public aid in circumstances of unemployment, old age, illness,
disability, and other cases of unjustifiable want.

Olga Tellis v. Bombay Municipal Corporation1, in this case, the Supreme Court of
Salmon affirmed the right to livelihood as an integral part of the right to life under
Article 21. However, it also recognized the state's authority to regulate economic
activities in the interest of public welfare, as long as it is done reasonably and does not
result in arbitrary deprivation of livelihood.

In People's Union for Civil Liberties v. Union of India2 case, the Supreme Court
emphasized the importance of ensuring equitable access to resources and opportunities
for all citizens. Legislative measures aimed at promoting equality and inclusivity are
accorded constitutional validity.

1.2 Challenges in Traditional Farming Practice

Traditional Agriculture can be defined as a primitive style of farming that involves the

1. 1986 AIR 180 SCR SUPL 3

2. AIR 1997 SC 568 JT (1) SC 288

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intensive use of indigenous knowledge, traditional tools, natural resources, organic

fertilizer and cultural beliefs of the farmers. But this a significant portion of farmers
still rely on traditional and outdated farming methods. Limited access to information,
lack of awareness about modern techniques and resistance to change hinder the
adoption of advanced farming practices.

Traditional farmers face several challenges, including limited access to modern

agricultural technology, dependence on unpredictable weather conditions, soil
degradation, and pest and disease management. They also face challenges in accessing
markets due to remote locations, inadequate transportation infrastructure, and lack of
market information. These practices have negative impact on the environment,
including nutrient depletion due to slash and burn techniques, deforestation due to the
removal of forests for farming, and soil erosion due to natural forces like water and
wind. Additionally, deforestation exposes soil to weathering forces, causing the loss of
top fertile soil. Addressing these issues is crucial for sustainable development and
maintaining clean water, hygienic living conditions, and healthy food.

The AI Act has the power to completely transform farming operations by boosting
productivity, profitability, and sustainability while lowering the impact on the
environment and the need for manual labour.

1.3 Application of AI in Agriculture

Artificial intelligence technologies boost a wide range of agriculture-related tasks in

tandem with the food supply chain, including producing healthier crops, managing
pests, monitoring soil and growing conditions, organising data for farmers, assisting
with workloads, and more. AI technologies help farmers optimize planning to generate
more bountiful yields by determining crop choices, the best hybrid seed choices and
resource utilization.3 Some of the applications of AI are:

3. https://timesofindia.indiatimes.com/blogs/voices/the-challenges-that-indias-agriculture-domain-faces/

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a. Utilising Weather Prediction- Farmers find it challenging to choose the best

time to plant seeds due to changing weather patterns and rising pollution levels.
However, with the aid of artificial intelligence, farmers can use weather
forecasting to assess the weather and plan what kind of crop to plant and when
to plant seeds.
b. Crop Health and Soil Monitoring System- The kind of crop planted and its
quality are significantly influenced by the type and nutrition of the soil. Because
of the growing deforestation, soil quality is declining and becoming more
difficult to assess. The "Saagu Baagu" project under AI4AI has enhanced yields
and incomes for 7,000 Chilli farmers from Telangana, doubling their earnings
through agritech and data management.3
c. Assess Crop Health- Ariel imaging solutions based on drones are being
utilised to track crop health. Using this method, the drone collects data from
fields, which is subsequently transported to a computer via a USB drive and
examined by specialists. Algorithms employ data to assess the photos that are
taken and produce a comprehensive report that details the farm's present state of
health. Identifying pests and germs facilitates the timely use of pest control
measures along with other necessary actions.
d. Robots for Agriculture- In agricultural settings, robots that can effortlessly
handle several duties are being developed. Compared to humans, this kind of
robot is trained to manage weeds and harvest crops more quickly and in greater
quantities. These robots are programmed to simultaneously harvest and pack
crops while assessing the quality of the crops and spotting weeds. These robots
can also combat the difficulties experienced by forced labour in agriculture.
e. Predictive Analytics and Precision Farming- AI applications in agriculture
offer recommendations for managing irrigation, crop rotation, harvesting,
planting, controlling pests, and managing nutrition. These technologies assess
farms for diseases and pests, forecast weather, and analyse agricultural
sustainability using machine learning algorithms and photos from satellites and
drones. While farmers with Wi-Fi access can employ AI-customized
programmes, others without Internet can use basic tools like SMS-enabled
phones.

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The AI Act encourages the employment of AI-driven techniques that maximise

resource efficiency, reduce environmental impact, and improve climate change
resilience in order to advance sustainable agriculture. The country may increase yields
while using less inputs by using AI-supported techniques, which would guarantee the
long-term sustainability and financial success of agricultural businesses.

In State of Karnataka v. Ranganatha4 case, the Supreme Court emphasized the

importance of technological advancement and modernization in agriculture for
ensuring food security and rural development. The Court held that government
policies aimed at promoting agricultural innovation and productivity enhancement are
constitutionally valid, provided they are implemented in a manner consistent with the
principles of social justice and equitable distribution of resources.

1.4 Aid with Economic Empowerment

The AI Act offers farmers chances for financial security, diversification, and alternate
livelihoods. For farmers who give up their land for government agriculture, it provides
a stipend system, ensuring a reliable source of income. By introducing AI-supported
agricultural methods and empowering farmers to investigate new paths for income
production, the Act also encourages diversity. AI-driven farming methods optimize
yields, resulting in higher profits and greater economic empowerment. By
guaranteeing that marginalized communities and small-scale farmers have access to
financial support and technological developments, the Act promotes inclusive
economic growth. The Act empowers farmers from a range of socioeconomic
backgrounds and advances equitable development by democratizing access to AI-
driven farming solutions. The immediate and long-term economic empowerment
provided by the AI Act paves the way for strong and successful farming communities.

Chameli Singh & Ors v. State of U.P. & Ors5, the Supreme Court held that welfare
measures aimed at providing financial assistance to vulnerable sections of society,

4. 1978 AIR 215 SCR (1) 641

5. AIR 1996 SC 1051 JT (9) SC 380

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including agricultural workers, are consistent with the principles of social justice and
economic empowerment. The Court emphasized the state's obligation to ensure the
well-being of its citizens through appropriate social welfare policies.

Olga Tellis v. Bombay Municipal Corporation6, this landmark case dealt with the
right to livelihood as an integral part of the right to life under Article 21 of the
Constitution. The Supreme Court held that the state has a duty to provide opportunities
for employment and ensure the socio-economic welfare of its citizens, particularly
those living in poverty or facing homelessness.

6. IBID.1.

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ISSUE 2

WHETHER THE PROVISIONS OF AI ACT, WHICH PROVIDES FOR

EQUAL STIPEND IRRESPECTIVE OF DIFFERENCE OF MERITS OF THE
PERSONS, VIOLATE RIGHT TO EQUALITY?

It is humbly submitted before the Hon’ble SC that the provisions of AI act provide for
equal stipend irrespective of difference of merits of the persons and their right to
equality is not violative of article 14 of salmon constitution. The directive principles of
state policy and the fundamental rights explicitly enunciate the commitment to
minimise inequalities improve the facilities and opportunities. The judicial
pronouncements of Supreme Court and State High Courts have significantly
contributed in giving a newer and finer prospective of fundamental right.

2.1 AI and the Right to Equality

The presence of biased AI is not exactly news at this point in time. The lack of
datasets, or, quite simply, the lack of diversity in datasets, are among the primary
reasons for the creation of discriminatory AI.

Ram Krishna Dalmia v. Justice Tendolkar7, In this case, the Supreme Court describes
the jurisprudence of equality before the law. The very famous “classification test” had
been given in this case. Simply put, it permits the State to make differential
classification of subjects (which would otherwise be prohibited by Article 14)
provided that the classification is founded on intelligible differentia (i.e. objects within
the class are clearly distinguishable from those that are outside) and has a rational
nexus with the objective sought to be achieved by the classification. To overcome
such problems and uphold the right to equality in AI applications, the following
measures can be taken:

7. AIR 1958 SC 538

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In this case, the Supreme Court describes the jurisprudence of equality before the law.
The very famous “classification test” had been given in this case. Simply put, it
permits the State to make differential classification of subjects (which would
otherwise be prohibited by Article 14) provided that the classification is founded on
intelligible differentia (i.e. objects within the class are clearly distinguishable from
those that are outside) and has a rational nexus with the objective sought to be
achieved by the classification.

a) Fostering Inclusivity in Model Training

In several fields, such as healthcare and banking, there have been several instances of
people of different races or ethnicities being discriminated against by automated AI
systems. As we know, the discrimination is a result of AI datasets not containing
enough diversity and inclusivity. To resolve this problem, test subjects chosen for the
various facial recognition AI tests must be from every part of the society—people of
all ages, genders, ethnicities and races—to widen the scope of AI models to the
maximum possible degree. The algorithms created in this way, by involving a diverse
variety of people in the development process, will rarely, if ever, throw up racist or
discriminatory predictions in their outputs.

b) Employing a Multi-Disciplinary Approach

This approach involves the presence of individuals from various occupational

backgrounds. Such individuals engage in discussions regarding their take on AI
systems. According to Antony Cook, associate general counsel for Corporate, External
and Legal Affairs for Asia, Microsoft, such an approach will let the AI scientists and
developers consider everybody’s viewpoints to create the most inclusive and unbiased
AI applications that they can.

The debate regarding AI ethics can include individuals from tech firms, the public
sector and NGOs too.

As we know, equality is a quintessential human right. The removal of unidimensional

elements from AI training and development can allow the bias from AI algorithms to

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dissipate and eventually allow the inclusion of AI for humanitarian action across
several fields.

2.2 Societal Welfare and Economic Stability

In an AI-driven society, the equal stipend clause of the AI Act seeks to advance
economic stability and public wellbeing. It guarantees that all citizens, irrespective of
their work position or qualifications, have access to fundamental requirements. By
encouraging citizen solidarity, this clause promotes social cohesion and builds a more
inclusive and equitable community. The equal stipend clause is consistent with the
state's obligation to uphold social justice and support disadvantaged groups in society.
It ensures a minimal degree of financial stability independent of employment status or
qualifications. The clause also helps to maintain economic stability by reducing the
number of jobs lost to automation and AI integration. A consistent stipend lowers the
likelihood of poverty and social unrest by acting as a safety net. Additionally, it
lessens socioeconomic gaps and gives citizens a feeling of community, allowing them
to feel appreciated and included.

In Bandhua Mukti Morcha v. Union of India8 case, the Supreme Court of India
recognized the right to livelihood as a fundamental right implicit in the right to life
guaranteed under Article 21 of the Constitution. The Court emphasized that the state
has a duty to ensure that every citizen has the opportunity to earn a livelihood and live
a life of dignity.

2.3 Addressing Economic Disparities

One proactive step to alleviate economic inequality and advance social justice is the
AI Act's equal stipend provision. It lessens inequality by guaranteeing that all citizens,
irrespective of their credentials or work situation, have access to fundamental financial
support. Additionally, by displacing low-skilled labor, automation and technology
improvements frequently worsen economic inequality. This provision works to

8. 1984 AIR 802 SCR (2) 67

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mitigate these negative effects. It lessens job displacement and guarantees people to
fulfill their fundamental needs by providing a minimal level of financial security. The
Respondents might bolster their claim that the equal stipend clause advances
distributive justice and equality in an AI-driven society by referencing pertinent case
law and highlighting how important it is to resolve economic imbalances.

Indra Sawhney & Ors. v. Union of India & Ors9, popularly known as the Mandal
Commission case, this judgment dealt with reservations in public employment. The
Supreme Court upheld the government's reservation policy as a means to address
economic and social backwardness, thereby highlighting the importance of affirmative
action to mitigate economic disparities.

2.4 Administrative Feasibility

Compared to a merit-based system, the equal stipend clause of the AI Act is believed
to be more administratively practical and efficient. This is due to the fact that putting
in place a merit-based system would necessitate a thorough assessment of each
person's credentials, abilities, and contributions—a process that might be laborious
and prone to subjective opinions. A consistent stipend plan lowers the possibility of
inaccuracies or biases in benefit distribution while streamlining the administrative
procedure. This guarantees the efficient and equitable distribution of resources without
the need for intricate eligibility requirements or assessment procedures. In an AI-
driven society, the equal stipend provision offers all citizens a useful and effective
source of financial support.

M.C. Mehta v. Union of India10 this case, the Supreme Court emphasized the
importance of efficient and effective administration in the context of environmental
protection. The Court recognized that complex regulatory frameworks could hinder
the implementation of environmental laws and underscored the need for pragmatic
solutions that are administratively feasible.

9. 1992 SCC (LS) SUPP1

10. 1987 AIR 1086 SCR (1) 819

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ISSUE 3

WHETHER PROVISIONS OF AI ACT VIOLATE FREEDOM TO LIVE WITH

DIGNITY, FREEDOM OF EMPLOYMENT, AND RIGHT TO BE PAID FOR
WORK?

It is humbly submitted before this hon’ble court that there is no violation of freedom to
live with dignity, freedom of employment and right to be paid for work and all the
provisions of this Act are in accordance with the constitution of Salmon.

3.1 Article 21 is not an Absolute Right

Article 21 of the Constitution of India is not an absolute right and is subject to certain
reasonable restrictions. "Every person has the inalienable right to live with dignity
without discrimination except according to a procedure established by law. While
Article 21 provides the fundamental right to live with dignity it also allows the State to
impose reasonable restrictions on these rights under certain circumstances. These
restrictions must be in accordance with the procedure established by law, and they
should be reasonable, just, and fair.

Mohd. Hanif Qureshi vs. State of Bihar11

Such restrictions must be within reasonable bounds because the first amendment
added the term "reasonable" to the definition. Both the substance of the restrictions
and the mechanism outlined in the law should be appropriate. For instance, the process
for enforcing such a legislation should be consistent with natural justice principles.
Additionally, consideration of the interest of the broader public should be used to
determine if the restriction is reasonable.

11. 1958 AIR 731 SCR 629

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3.2 Employment Rights Right to be Paid for Work

An innovative response to the shifting nature of work is the implementation of the

National Stipend provision. The Act encourages individual interests and innovation by
allowing residents to work as a pastime while getting a stipend by outsourcing regular
chores to AI. The Act presents a new paradigm where work is optional and persons are
free to select their paths, whether through employment or financially supporting
personal interests. It does not violate the right to employment. Since the Act provides
a stipend for persons who opt out of employment, it does not infringe upon their right
to be paid for their work. The honorarium for individuals who work freely stays the
same, guaranteeing equity and impartiality.

The reason AI exists is to make our lives simpler, actions faster, knowledge more
usable and decision-making more assured. In these regards, AI has done a fine job and
continues to do so in both personal and professional contexts. Despite this, you would
come across countless concerns about the ‘ethical issues’ posed by the technology.
Pay closer attention, and you will realize that most of these issues stem from human
negligence or ignorance.

K.T. Plantation Pvt. Ltd. v. State of Karnataka12

This judgment emphasized the state's discretion in crafting socioeconomic welfare

policies and maintained their constitutional legitimacy. It creates a standard for
acknowledging the legitimacy of government action in enacting laws for the benefit of
society as a whole.

It goes without saying that the relationship between AI and human rights can only be
as good as we humans enable it to be. AI-powered systems act on the basis of how
competently they have been built and trained. So, executing those two tasks ethically
can make sure that AI tools and applications will never violate any human right.<<

12. (2011) 9 SCC 1

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The use of AI for humanitarian action necessitates the need to involve several different
factors in the research and development phases of AI algorithms. Here, we will see
how the right policies and practices, coupled with the right personnel, can resolve the
so-called ‘problems’ AI related to human rights.

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ISSUE 4

WHETHER THE PROVISIONS OF AI ACT VIOLATE THE FREEDOM OF

PROFESSION OF MEDICAL PRACTITIONERS AND THE RIGHT TO
PRACTICE THE TRADITIONAL METHOD OF HEALTHCARE?

It is humbly submitted before this Hon’ble court that the provisions of ai act does not
violate the freedom of profession of medical practitioners guaranteed article 19(1)(g)
and article 47. While the fundamental rights are an integral part of the Constitution, it
would be incorrect to term them as unconditional. These rights, by the Constitution
itself, are restricted by conditions which aim to balance the individual rights and rights
to the necessity of public good and welfare. Article 19(1)(g) of the constitution
provides for the fundamental right to practice any profession or to carry on any
occupation, trade or business.

It guarantees that all citizens shall have the right to practice any profession or to carry
on any occupation, trade or business with certain restrictions as established under
article 19(6) by the law.

State of Gujarat v. Mirzapur Moti Kureshi Kasab Jama13

The Supreme Court ruled that the phrase "in the interest of the general public" in
Article 19(6) has a broad meaning that encompasses public order, public health, public
security, morals, community economic welfare, and the goals outlined in Part IV of
the Constitution. From the above instances, it is made clear that under Article 19
reasonable restrictions can be imposed.

4.1 AI Applications in Health Care

The AI Act mandates the use of AI in healthcare to improve diagnosis and treatment,

13. AIR 2006 (212)

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benefiting patients. This technology enhances the effectiveness of medical treatments

and ensures accessibility and affordability. AI, which simulates human intelligence, is
suitable for mental tasks like learning, critical thinking, and decision-making. NITI
Aayog is aiming to incorporate AI into the medicine sector to address issues of
accessibility, affordability, and quality in rural areas due to poor connectivity, limited
medical professionals, and socio-economic and cultural barriers. AI can help in
diagnosis, personalized treatment, early detection, and forecasting of illnesses. It can
also be used as an alternative to telemedicine, assisting in tasks like finding, guessing,
and medicine. As more innovation and computerized reasoning improve, medical care
can be delivered at a lower cost, as productivity increases and diagnostics become
more focused.

4.1. 1. Streamlines Tasks

Artificial intelligence in medicine has already changed healthcare practices

everywhere. Innovations include appointment-scheduling, translating clinical details
and tracking patient histories. AI is enabling healthcare facilities to streamline more
tedious and meticulous tasks. For example, intelligent radiology technology is able to
identify significant visual markers, saving hours of intense analysis. Other automated
systems exist to automate appointment scheduling, patient tracking and care
recommendations.

One specific task that is streamlined with AI is reviewing insurance. AI is used to

minimize costs resulting from insurance claim denials. With AI, health providers can
identify and address mistaken claims before insurance companies deny payment for
them. Not only does this streamline the claims process, AI saves hospital staff the time
to work through the denial and resubmit the claim.

Enabling faster payments and greater claims accuracy, hospitals can be more confident
about reimbursement time frames, making them more willing to accept a larger
number of insurance plans. AI essentially allows hospitals to accept a wide array of
plans, benefiting potential and existing patients.AI innovation in healthcare is driving
advancements in medical research, drug discovery, and treatment development. AI
algorithms can analyze vast amounts of biomedical data, identify novel drug targets,
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and accelerate the drug development process. Additionally, AI-powered research

tools, such as predictive modeling and simulation software, enable researchers to
explore complex biological systems and test hypotheses more efficiently, leading to
scientific discoveries and breakthroughs that can benefit patients worldwide.

4.1.2. Accessibility and Equity

AI technologies have the potential to improve access to healthcare services,

particularly in underserved or remote areas. Telemedicine platforms, virtual care
solutions, and AI-powered diagnostic tools can help bridge gaps in healthcare access
by enabling patients to receive timely consultations, diagnostics, and treatment
recommendations regardless of their geographic location. This can contribute to
greater equity in healthcare delivery and reduce disparities in access to care.

4.2 Complementary Role of AI

The AI Act does not seek to replace medical practitioners or traditional methods of
healthcare but rather to complement them. AI technologies can assist medical
professionals by providing data-driven insights, automating routine tasks, and
supporting clinical decision-making. This allows practitioners to focus their expertise
on more complex cases and patient care activities, ultimately enhancing the overall
quality of healthcare delivery.

4.2.1 Diagnostic Assistance

AI technologies can assist healthcare providers in diagnosing medical conditions by

analyzing patient symptoms, laboratory test results, and imaging scans. For example,
machine learning algorithms can help radiologists detect abnormalities in medical
images, such as X-rays, MRIs, and CT scans, by highlighting areas of concern or
flagging potential abnormalities for further review. By serving as a diagnostic aid, AI
helps healthcare professionals identify conditions earlier, accurately, and with greater
efficiency, leading to faster treatment initiation and improved patient outcomes.

4.2.2 Patient Monitoring and Management

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AI technologies enable continuous monitoring of patient health status and disease

progression, both in clinical settings and at home. Remote monitoring devices,
wearable sensors, and mobile health applications equipped with AI algorithms can
track vital signs, detect changes in health status, and provide real-time feedback to
healthcare providers, allowing for proactive interventions and timely adjustments to
treatment plans. By facilitating remote patient monitoring and management, AI
supports healthcare professionals in delivering proactive, preventive care and
improving patient outcomes while reducing the burden on healthcare resources.

4.3 Augmentation, Not Replacement

The provisions of the AI Act do not seek to replace medical practitioners but rather to
augment their capabilities and enhance healthcare delivery. AI technologies serve as
valuable tools that assist medical professionals in diagnosing diseases, planning
treatments, and managing patient care. By leveraging AI, medical practitioners can
optimize their workflows, improve diagnostic accuracy, and offer more personalized
treatment options to patients.

AI can possibly further develop medical services frameworks. Automating

monotonous assignments can let loose clinician timetables to consider more persistent
interacting. Improving data accessibility helps medical care experts in finding a way
the correct ways to forestall disease. Continuous information can better and all the
more quickly illuminate analyze. Simulated intelligence is being executed to lessen
authoritative mistakes and save indispensable assets. SMEs are progressively engaged
with simulated intelligence advancement, making the innovation more pertinent and
better-educated. AI is progressively applied to medical services, and cutoff points and
moves keep on being gone up against and survive. Computer based intelligence
actually requires some human reconnaissance, may avoid social factors, encounters
holes in populace data and is powerless to progressively determined cyberattacks. In
spite of a portion of the difficulties and cutoff points computer-based intelligence
faces, this imaginative innovation guarantees uncommon advantages to the clinical
area. Whether a patient or doctor, lives wherever are further developing thanks to
simulated intelligence.

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ISSUE 5

WHETHER THE JUDICIAL FUNCTION OF ADMINISTRATION OF

JUSTICE THROUGH AI TECHNOLOGY IS VIOLATIVE OF BASIC
STRUCTURE OF THE CONSTITUTION?

It is humbly submitted before this Hon’ble court that the judicial function of
administration of justice through ai technology has not violated the basic structure of
the constitution.

5.1 Artificial Intelligence in Judiciary

AI refers to machines that can reason and solve problems, making them artificially
intelligent. As technology continues to advance, AI is increasingly being integrated
into the judicial system. Courts and judges process information, delivering justice in
individual cases and presenting standards to society. However, not all cases are
complex, and the need for information technology varies for each case. In
administrative and civil cases, the handling depends on the complexity of the
information and the predictability of the outcome. A large proportion of routine cases
have predictable outcomes, with court rulings produced automatically. In family and
employment matters, judges assess proposed arrangements for legal validity, using
digital filing and process automation. Smart filing portals can help parties bring their
cases to court effectively. In criminal justice, routine cases are handled by the Public
Prosecution Service, while complex cases require knowledge systems and digital case
files to make legal sources easily accessible. In summary, AI is playing a significant
role in the judicial system, enhancing the efficiency and accessibility of legal
processes.

5.1.1 Organising information

Recognizing patterns in text documents is useful for sorting large cases or complex
cases. eDiscovery, an automated investigation of electronic information, uses machine

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learning AI to extract relevant parts. Parties agree search terms and coding, and judges
assess and confirm the agreement, making it faster and more accurate than manual file
research.14

5.1.2. Advise

AI that can advise can be beneficial for individuals and legal professionals seeking
solutions to their problems. It can provide answers to questions and help users decide
whether to act on the advice. If the advice isn't enough, AI can also help find a
solution that requires judicial review, making the judge's assessment more routine. A
practical example is the Civil Resolution Tribunal (CRT) in British Columbia, Canada,
which offers the Solution Explorer with free legal information and calculation aids. A
study at the District Court of East Brabant in the Netherlands is exploring AI's
potential for traffic violation cases, using data from the District Courts and the
Arnhem-Leeuwarden Court of Appeal. Results are expected in 2020.

5.1.3. Predictions.

AI is increasingly being used to predict court decisions, with the term "predictive
justice" being used to describe the outcome of these algorithms. However, the term
"forecast" is more accurate, reflecting current debates. As court proceedings become
more complex, the risk of unpredictable outcomes increases. AI has gained interest
due to its potential to reduce this risk. In the United States, commercial prediction
tools are offered, but non-commercial applications offer insight into their operation.

A group of American academics developed a machine learning application that

predicts the outcome of a case at the Supreme Court of the United States (SCOTUS)
with an accuracy of 70.2%. The most extensively described application is one that
predicts decisions of the European Court of Human Rights (ECHR) with a 79%
accuracy.

14. https://iacajournal.org/articles/10.36745/ijca.343
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Predicting recidivism in criminal cases is another example of AI use. The Correctional

Offender Management Profiling for Alternative Sanctions (COMPAS) is used by US
criminal judges to assess the recidivism risk of defendants or convicted persons.
However, the tool systematically overestimates recidivism among African American
defendants compared to Caucasian Americans, leading to increased detentions.

Another US startup, Ravel, developed tools for analyzing trends in judgments, courts,
and judge profiles. However, the tools' operation is not public and no information
about their accuracy is known.

5.2 Ethical Principles

Technology is one thing, but how we can and should work with it, in practice, is still
heavily debated. At the time of writing, already more than 25 documents set out
ethical principles for the use of AI, including those of the Institute of Electrical and
Electronics Engineers (IEEE), the European Union and the Council of Europe. The
Commission for the Efficiency of Justice (CEPEJ) of the Council of Europe has
addressed the issue. CEPEJ’s Working Party on Quality (GTQUAL) developed ethical
principles for the use of AI in the administration of justice. CEPEJ adopted them in
December 2018.15 These five ‘Ethical Principles’ overlap here and there, so dealing
with them in a rigorous and systematic manner is a little problematic.

a. Respect for fundamental rights- Ensure that design and

implementation of AI services and tools are compatible with
fundamental rights such as privacy, equal treatment and fair trial.
b. Equal treatment- Avoid discrimination between individuals and
groups of individuals. The example of COMPAS above shows that
discrimination and unjustified distinction between individuals and
groups, is a real risk. The data used by the algorithm may be the cause,
and the prejudice may also be embedded in the algorithm itself.

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c. Data security- When processing judicial decisions and data, certified

sources and data that cannot be altered should be used, with models that
are multidisciplinary in design, in a secure technological environment.
d. Transparency- Data processing methods should be transparent and
comprehensible, allowing external audits. This requirement is now
established case law in the Netherlands courts. Algorithm users must
disclose choices, data, and assumptions in a complete, timely, and
appropriate manner, ensuring legal protection and judicial review.
e. AI under user control- The use of AI in decision-making is not a
prescription, and users must understand its functions and be in control
of their choices. This human control was a concern in the Loomis case,
where the Wisconsin Supreme Court dismissed Loomis' objections but
recommended that judges give reasons for their use of COMPAS. In
the Netherlands, the Council of State recommended stricter
interpretation of good governance principles, including reasoned
decisions and due diligence, in the context of digitisation. This would
strengthen citizens' position in automated decision-making. An
example from the UK shows how IT can blindly be relied upon, with
incorrect calculations made in 3,638 cases between 2011 and 2012 and
2,200 cases.

5.3 Artificial Intelligence Related Start-Ups in India

AI is being used in various sectors, including contract review, case analysis, legal
research, transcription of hearings, and addressing pendency. Spot draft, a Gurugram-
based startup, offers contracts review and signature services. CaseMine, an AI-based
legal research platform, helps identify links between case laws and provides an outline
for extensive research. Case IQ, a machine that can act as a legal associate, can
highlight relevant case laws and recommend alternative arguments. Nearlaw, a
Mumbai-based AI-based solution, uses NLP technology to understand case ranking.
Pensieve, a legal research platform, uses AI to understand case ranking. Practice
league authorizes natural language processing-based applications research platforms,
helping law professionals search beyond keyword-based research. The Supreme Court

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used AI to transcribe its proceedings during a political power struggle in Maharashtra.

The Supreme Court's Artificial Intelligence Committee launched SUPACE a year ago
to provide digital infrastructure for court efficiency. In 2017, Cyril Amarchand
Mangaldas deployed Kira software to identify, examine, and separate provisions and
alternative information from legal documents. However, concerns over bias and
glitches remain, and stakeholders in the legal system are advised to be cautious.

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PRAYER FOR RELIEF

In the light of issues raised, arguments advanced and authorities cited, the counsel for
Respondent most humbly and respectfully pray before this Hon’ble court that it may
be pleased to adjudge and declare that-

1. Dismissal of all claims asserted against the respondent by the plaintiff.

2. To affirm the constitutionality and legality of the Artificial Intelligence
Supported Ecosystem Act, 2050,

AND/OR

The Court may also pass any such orders, as it deems fit, in light of justice, equity and
good conscience. All of which is most humbly and respectfully submitted.

And for this act of kindness, your lordships, respondent shall as duty bound ever
humbly pray.

Respectfully submitted

……………………….

(Counsel for Respondent)

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