Constitutional courts from more than 20 Asian countries have adopted the Samarkand Declaration. Under its terms, artificial intelligence must remain “an auxiliary tool” and cannot replace judges’ independent judgment.
Pakistan’s Supreme Court represented the country at the congress through Justice Irfan Saadat Khan and Justice Naeem Akhter Afghan.
The declaration emerged from the seventh congress of the Association of Asian Constitutional Courts (AACC). The event took place on October 1-2 in Samarkand, Uzbekistan. Its theme was “Constitutional Justice in the Context of Digitalization and Artificial Intelligence.”
While the declaration set firm limits on AI’s role in courts, it also acknowledged the potential benefits of digital tools. According to the adopted text, technology can improve transparency, timeliness, quality, and equal access to justice. The key condition is that these tools support rather than supplant human decision-making.
India’s Chief Justice Surya Kant delivered a notable address at the congress. He called for courts to embrace digitalization while protecting constitutional values.
“The challenge is not to choose between tradition and technology, but to bring the best of technology into judicial institutions,” he said.
He also highlighted India’s progress in this area. The Supreme Court of India alone conducted over 750,000 video conference hearings between March 2020 and June 2024.
The congress addressed six major discussion areas. These covered judicial independence during digital transformation, human rights in digital environments, and legal boundaries of AI in constitutional review. Other topics included data protection, impartiality safeguards, and international cooperation.
The declaration reaffirmed four core principles: constitutional supremacy, judicial independence, human rights, and the rule of law. For Pakistan, the participation signals alignment with a growing Asian consensus. AI should enhance court operations, but it must not undermine judges’ authority over independent rulings.
