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EDITORIALS & ARTICLES
Do you think AI could be a tool for better and smarter legislation in India?
Artificial Intelligence (AI) is a concept that refers to the ability of machines to accomplish tasks that historically required human intelligence. It includes various technologies such as machine learning, pattern recognition, big data, neural networks, and self-algorithms.
Role Artificial Intelligence can play in Legislation
- Enhance Legislative Procedures:
- AI tools canassist parliamentarians in preparing responses for legislators, enhancing research quality, obtaining information about any Bill,preparing briefs, providing information on particular House rules, legislative drafting, amendments, interventions, etc. This can help to streamline legislative processes and make them more efficient.
- The House of Representatives in the United States hasintroduced an AI tool to automate the process of analysing differences between Bills, amendments and current laws.
- AI tools canassist parliamentarians in preparing responses for legislators, enhancing research quality, obtaining information about any Bill,preparing briefs, providing information on particular House rules, legislative drafting, amendments, interventions, etc. This can help to streamline legislative processes and make them more efficient.
- Research Quality:
- AI can assist in conducting thorough research by analyzing large volumes of data, identifying patterns and trends, and presenting the resultsin a comprehensive manner. This can help lawmakers to make informed decisionsbased on reliable data and evidence.
- Assist in Decision-Making:
- AI can provide decision-making support to lawmakers by analyzing various factors and making predictionsabout the potential outcomes of different policy options. This can help to improve the accuracy of decision-making and minimize the risk of unintended consequences.
- Analysing Citizens’ Grievances:
- Compared to western democratic nations, in India, parliamentarians manage constituencies with a huge population.
- AI cananalyse citizens’ grievances and social media responses,and flag issues and priorities that need immediate attention.
- It can also assist parliamentarians in seeking citizen inputs for public consultation of laws and preparing a manifesto.
- Simulate the Potential Effects of Laws:
- The use of AI in legislative procedures can help in modelling various datasetssuch as the Census, data on household consumption, taxpayers, beneficiaries from various schemes, and public infrastructure to uncover potential outcomes of a policy.
- It can also help in flagging laws that are outdated in the present circumstancesand which require amendment.
- For example, during the Covid-19 pandemic, it became evident that ''theEpidemic Diseases Act, 1897'' failed to address the situation adequately, highlighting the need to revisit and update outdated laws.
- Several provisions in the Indian Penal Code (IPC)are also controversial and redundant, such as Article 309 (attempted suicide),which continues to be a criminal offence.
- AI can help identify such outdated laws and streamline the legislative process by focusing on more relevant laws and policies.
- There are several pieces of criminal legislation that were enacted more than 100 years ago that are of hardly any use today, such as the Press and Registration of Books Act, 1867, the Public Gambling Act, 1867, and the Prisons Act, 1894.
Concerns with the use AI in Legislative Procedures
- Lack of Transparency:
- AI models can be highly complex, and it may be difficult to understand how they are making decisions.This lack of transparency could undermine the democratic process if legislators and the public are unable to understand the reasoning behind legislative decisions.
- Bias:
- AI models areonly as objective as the data they are trained on.If the data used to train an AI model is biased, the model may replicate and even amplify that bias in its decisions.
- This could lead to discriminatory outcomes, such as laws that disproportionately impact certain groups.
- AI models areonly as objective as the data they are trained on.If the data used to train an AI model is biased, the model may replicate and even amplify that bias in its decisions.
- Accountability:
- If AI is used in legislative decision-making,it may be difficult to hold anyone accountable for the outcomes.This could pose a challenge to the democratic process, as accountability is a critical component of representative governance.
- Cybersecurity:
- Legislative procedures ofteninvolve sensitive and confidential information.If AI systems used in these procedures are not properly secured, they could be vulnerable to cyberattacks that could compromise this information.
- Dependence:
- Overreliance on AI in legislative procedures could reduce the human element in decision-making and could lead to a loss of expertise and judgment that comes from human interaction and debate.
Looking Forward
- Codify Laws and Regulations:
- The governmentshould continue its efforts to codify laws and regulations in a comprehensive and accessible manner.This will provide a solid foundation for AI-based solutions to work with.
- Develop a Unified Platform:
- A unified platform should be developed that provides a complete view of all laws, regulations, and notifications. This platform should be accessible to all stakeholders, including citizens, businesses, and government officials.
- Encourage Collaboration:
- AI-based solutions for legislation should be developed through collaboration between various stakeholders,including government agencies, legal experts, technology companies, and civil society organizations.
- Ensure Transparency and Accountability:
- AI-based solutions should be designed to be transparent, explainable, and accountable.Citizens should be able to understand how the AI arrived at a particular decision or recommendation.
- Focus on Citizen-Centric Solutions:
- AI-based solutions should be designed to meet the needs of citizens.The solutions should be user-friendly and accessible to all, including those with disabilities or limited digital literacy.
- Making Laws Machine-Consumable:
- There is a need to make laws machine-consumable with a central law engine, which can be a single source of truth for all acts, subordinate pieces of legislation, gazettes, compliances, and regulations.
- For Example:
- AI can tell us if an entrepreneur wants to open a manufacturing unit in Maharashtraand what acts and compliances are applicable.
- If a citizen wants to check the eligibility for welfare schemes, AI can recommend which schemes are eligible, based on details provided by citizens.