October 6, 2026, (Inside AI) — Constitutional courts from more than 20 Asian countries have adopted the Samarkand Declaration, a joint statement asserting that artificial intelligence must remain "an auxiliary tool" and cannot replace judges' independent judgment. The declaration emerged from the seventh congress of the Association of Asian Constitutional Courts (AACC), held on October 1-2 in Samarkand, Uzbekistan, under the theme "Constitutional Justice in the Context of Digitalization and Artificial Intelligence."
Pakistan's Supreme Court represented the country through Justice Irfan Saadat Khan and Justice Naeem Akhter Afghan. The declaration sets firm limits on AI's role in courts while acknowledging potential benefits of digital tools. According to the adopted text, technology can improve transparency, timeliness, quality, and equal access to justice, provided these tools support rather than supplant human decision-making.
The Samarkand Declaration arrives as courts across Asia grapple with a surge in digital evidence, automated case management, and AI-assisted legal research. It signals a collective caution: judges must retain ultimate authority over rulings. The declaration reaffirmed four core principles: constitutional supremacy, judicial independence, human rights, and the rule of law.
India's Chief Justice Surya Kant delivered a notable address at the congress. He called for courts to embrace digitalization while protecting constitutional values.
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"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. That figure underscores how deeply digital tools have already penetrated judicial operations, even as the declaration urges restraint on AI's decision-making role.
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.
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.
The AACC, which includes constitutional courts from across Asia, has been expanding its focus on technology governance. The Samarkand Declaration is not legally binding, but it carries moral and political weight. It reflects a shared concern that unchecked AI adoption could erode judicial independence.
Legal experts note that similar debates are unfolding in Europe and North America. The European Commission for the Efficiency of Justice (CEPEJ) adopted ethical guidelines on AI in 2018, emphasizing that AI must not interfere with the right to a fair trial. The Samarkand Declaration echoes those principles but tailors them to Asia's diverse legal systems.
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Critics argue that such declarations often lack enforcement mechanisms. Without concrete regulations, courts may still adopt opaque AI tools. However, the declaration's emphasis on human oversight provides a baseline for future legislation.
The congress also discussed data protection and impartiality safeguards. These are critical as courts handle sensitive information and face risks of algorithmic bias. The declaration calls for international cooperation to share best practices.
As AI continues to reshape legal workflows, the Samarkand Declaration sets a clear boundary: technology serves justice, not the other way around. The coming years will test whether Asian courts can translate these principles into practice.
