SUPREME COURT QUASHES NCLT ORDER OVER AI-GENERATED FAKE CASE LAWS

Why in the News?

●  SC Verdict: The Supreme Court set aside an NCLT order after finding that it relied on AI-generated fictitious judicial precedents (hallucinations).

●  Zero Tolerance: The Court directed the Bar Council of India (BCI) to frame norms and reiterated a zero-tolerance policy towards AI-generated fake legal citations.

AI HALLUCINATIONS IN JUDICIAL PROCESS

●  Meaning: AI hallucinations refer to instances where artificial intelligence generates false, fabricated, or non-existent legal precedents, citations, or facts that appear authentic.

●  Judicial Concern: The Supreme Court observed that reliance on hallucinated precedents undermines judicial integrity, contaminates adjudication, and threatens the rule of law.

●  Human Oversight: The Court clarified that AI may assist legal research and drafting, but meaningful human verification is mandatory before relying on AI-generated outputs.

●  Draft Regulations: The Draft Regulations for Use of Artificial Intelligence in Courts, 2026 provide that AI can function only in an assistive role, prohibit AI-driven judicial decision-making, and require disclosure of AI-assisted filings.

●  Future Directions: The Court directed the Bar Council of India to constitute a committee to frame guidelines for preventing the use of AI-generated fake precedents in legal proceedings.

NATIONAL COMPANY LAW TRIBUNAL (NCLT)

●  Establishment: The National Company Law Tribunal (NCLT) was constituted under the Companies Act, 2013 to adjudicate corporate law disputes.

●  Jurisdiction: It deals with matters relating to company law, mergers, amalgamations, insolvency proceedings, oppression and mismanagement, and liquidation of companies.

●  IBC Role: Under the Insolvency and Bankruptcy Code (IBC), 2016, the NCLT functions as the Adjudicating Authority for insolvency resolution of corporate entities.

●  Appeal Mechanism: Appeals against NCLT orders lie before the National Company Law Appellate Tribunal (NCLAT), followed by the Supreme Court on questions of law.

●  Significance: The tribunal aims to ensure speedy corporate dispute resolution, improve the ease of doing business, and strengthen India’s insolvency framework.

INSOLVENCY AND BANKRUPTCY CODE (IBC), 2016 ●  Objective: The Insolvency and Bankruptcy Code, 2016 provides a time-bound framework for insolvency resolution of companies, partnership firms, and individuals. ●  Institutional Framework: The Code establishes the Insolvency and Bankruptcy Board of India (IBBI), NCLT, NCLAT, Insolvency Professionals, and Information Utilities. ●  Corporate Insolvency Resolution Process (CIRP): The Code prescribes a time-bound Corporate Insolvency Resolution Process to maximise asset value and balance the interests of all stakeholders. ●  Key Principles: It follows the principles of creditor-in-control, value maximisation, transparent resolution, and revival of viable businesses before liquidation. ●  UPSC Relevance: Important under Polity, Governance, Economy, Judicial Reforms, Artificial Intelligence Ethics, and Ease of Doing Business.