
The rapid expansion and accessibility of Artificial Intelligence (AI) tools, particularly Large Language Model (LLM) chatbots like ChatGPT, have necessitated urgent legislation to regulate their use in the legal sector. While the government has issued warnings regarding AI usage for official functions in other sectors, no such policy currently exists for the judiciary in Bangladesh. Under Article 107 of the Constitution, the Supreme Court of Bangladesh possesses the authority to establish rules for judicial proceedings, a mechanism that could be utilized to regulate AI integration. Several countries, including India, Pakistan, Singapore, and the United Kingdom, have already adopted or are drafting guidelines for the responsible use of AI in courts. Beyond the need for policy, there are significant legal and constitutional concerns regarding the use of AI in adjudication. Although no specific law currently prohibits AI from writing judgments, the right to a fair trial, as enshrined in Articles 31 and 35 of the Constitution, implies that justice must be administered by human judges. Furthermore, the independence of the judiciary and the principle of separation of powers under Article 22 could be compromised by AI-driven decision-making. AI also struggles to meet the fundamental requirement of providing reasoned decisions that allow for effective appellate review. Consequently, any move toward automated judicial processes would require constitutional amendments and a fundamental shift in established legal traditions.
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