THE FUTURE OF ADMINISTRATIVE LAW: AI AS A HUMAN REPLACEMENT

TOOL

Abstract

Administrative decision-making is a well aware process worldwide. This process was

introduced so that there does not exist any kind of overlapping between the powers of one
body and another body of the government. This is an evolving process that was introduced to
Artificial Intelligence (AI) and has given a new ray of hope which helps administrative
decision-making in many ways. AI is being utilized to increase administrative decision-
making accuracy, efficiency, accountability, and transparency. One of the biggest advantages
of AI is its capacity to process vast volumes of data effectively and swiftly. Government
agencies can use this to have a more thorough grasp of the problems at hand and make better
administrative decisions.

AI can be used, for instance, to evaluate information on crime rates, traffic patterns, and
weather conditions to assist law enforcement organizations in more efficiently allocating their
resources. By using natural language and a neutral network it generates insights to support
decision-making in administration. AI systems have been proven to be accurate and
successful in certain situations, but discriminatory in others. To resolve ethical or legal issues
that may arise, such as the application of the Principles of Natural Justice and Due Process of
Law, it is crucial to keep an eye on the use of AI in administrative decision-making. Thus, this
study aims to investigate how AI affects and helps administrative decision-making efficiency
while taking ethical and legal considerations into account.

Therefore, AI is also acknowledging some challenges and risks while implementing

administrative decision making i.e. ethical considerations, biases in AI algorithms, and
potential job displacement.

Keywords: Artificial intelligence (AI), Decision-making, Technology, Administration,

Government
 Artificial Intelligence (AI) in Administration

Chester Barnard, a retired telephone executive and author of The Functions of the Executive
was the person who introduced the well-known term "Decision-making" to the world. Where
back then terms like policy-making and resource allocation were replaced by the new phase
i.e. decision making. "Decision’ implies the end of deliberation and the beginning of action”
are the famous lines by Prof. Willians Starbucks. 1 Mathematical, sociological, psychological,
economic, and political science are just a few of the intellectual fields represented in the study
of decision-making. Historians analyze the choices leaders make at pivotal moments, while
philosophers consider what our choices indicate about who we are and what we stand for. The
goal of risk and organizational behavior research is more pragmatic: to assist managers in
improving results.

Furthermore, such pragmatism has paid dividends, even though a wise choice does not ensure
a favorable outcome. Decision-making has been enhanced in many circumstances due to a
rising sophistication in risk management, a more nuanced knowledge of human behavior, and
technological advancements that assist and mimic cognitive processes.

Athens established the first democracy in the fifth century BC. The Quakers established a
decision-making procedure in the seventeenth century that is still a model of effectiveness,
transparency, and decency. The United Nations began pursuing lasting peace in 1945 by
encouraging free peoples to cooperate.

The idea that people can combine their knowledge and suppress their egos to produce
decisions that are equitable and agreeable to everyone is noble. In the past century,
researchers in the fields of psychology, sociology, anthropology, and even biology—from
mandrills to honeybees—have been keen to uncover the keys to productive group
collaboration. Later, the communal ideal was strengthened by the popularity of high-
performance teams and new collaboration technology that made it "virtually" impossible for
any man to be an island.

1
Leigh Buchanan and Andrew O'Connell "A Brief History of Decision making" ( Harvard Business Review 2006)
<https://hbr.org/2006/01/a-brief-history-of-decision-making> accessed on 15.11.2024
 Legal digitization has greatly benefited society by enhancing transparency, decreasing
bureaucracy, and simplifying procedures. E-government services and digital platforms have
made it simpler for citizens to access information about their rights and responsibilities as
well as to complete administrative tasks online. This has resulted in a more effective and user-
friendly public administration system that speeds up processing times and enhances the
citizen experience.2

AI being a crucial part has no single definition in the literature, While the points to the
definition, AI has a very narrow scope to very dynamic scope, such as deep learning with AI
to including AI in computer systems. In a broader sense, AI can be described as a set of
various computer applications enhancing different usage of techniques, which is directly or
indirectly linked to human intelligence.3

The process of decision making: Pre-AI

As decision making is a crucial part of an individual's life as well as for a nation's economy.
The process is crucial for many unsaid reasons but it must be inevitable. When it comes to the
nation, the decision is by humans and all the processes included are also by humans. Thus,
before the introduction of technology, humans were whole and solely responsible for all the
decisions made, which ensured the accountability, transparency & separation of power
between the three organs of the government i.e. legislature, executive & judiciary. The leaders
of the nation have inter & intra interactive sessions to formulate the policies for the nation to
extend over the globe. The meetings or conferences were held face-to-face, for which leaders
( state to state & nation to globe ) met at least twice a year.

The process of Decision Making: Post AI

The book Preparing for the Future of Artificial Intelligence outlines several policy
opportunities brought about by AI, such as how the technology can be used to enhance
government operations and further social good; how to modify laws about AI technologies,
like automated cars, in a way that promotes innovation while safeguarding the public; how to

2
Ibid.1
3
CAHAI(2020)"A similar broad approach to AI application is adopted by European commission 2020 in its
proposal in an AI act" <https://www.coe.int/en/web/artificial-intelligence/cahai> accessed on 17.11.2024
 make sure AI applications are responsible, safe, and equitable; and how to create a workforce
of qualified and diverse AI professionals.

The potential for AI technological advancements to keep America at the forefront of

innovation is enormous. In vital fields including health, education, energy, and the
environment, artificial intelligence (AI) technologies have already created new markets and
advancement prospects. Machines have recently outperformed humans in a few specialized
activities, such as some parts of picture recognition. Experts predict that rapid advancements
in specialized AI will continue, with machines surpassing human performance on a growing
number of tasks, despite the extremely unlikely scenario that machines will demonstrate
broadly applicable intelligence comparable to or greater than that of humans in the next 20
years.

The Body Mass Index (BMI) is establishing an advisory center for Artificial intelligence for
the government. It is practically necessary to apply this technology because of many openings
in the Administration. As a technological advancement, AI has enormous potential for
increasing efficiency and reducing workload. It also offers innovative and great user
experiences for both employees and citizens.4 AI does not only make innovative work but also
makes the work simpler and easier by using smart strategy in public administration, which a
human is unable to do in comparison to AI.

It also improves the efficiency of the public officials and they can focus on value strategic
tasks, which initially can enhance the proficiency of the state for its growth across the globe.
AI not only modernizes the governmental process in public administration but also focuses on
a secure and citizen-centered environment.

1. Automation of government operations: AI coordinates and assists in rethinking

procedures and systems to enhance the provision of value to citizens.

4
Daniel Knoll “AI moments in Public Administration”<https://ibmix.de/en/blog/ai-public-administration>accessed

on 17.11.2024
 2. Green Development and Sustainability: Governments with the help of AI are promoting
the growth of green sector goods and services, reforming internal operations, and enhancing
the sustainability of public buildings, fleets, transportation methods, and supply chains.
3. Modernization of digital infrastructure: AI supports the government to operate with more
efficiency in satisfying the demands of its constituents. Government officials should have a
comprehensive grasp of the potential of digital data and technology.
4. Government Servant Experiences: Intensive projects like Cloud Migration, application
modernization, and bolstering network security will be the center of focus of government
efforts including the advanced technology of AI in the process. When choosing Cloud
services, 49% of government officials surveyed exclaimed that AI/ML are the most crucial
technologies.
5. Intellectual Sovereignty and Cybercrime: With the Inflation rates of cyber-attacks,
various countries are enacting provisions related to cyber law with the use of AI.
Infrastructure modernization, control of data protection, and chain of custody protection are
among the main areas of focus all over the globe.
6. Optimizing Citizen's Experience: With the aid of automation, integrating information,
and AI statistical analysis, governmental organizations are working to improve their ability to
provide services to citizens.
7. Smart Mobility Management: AI can help public administration manage complex
infrastructures and transportation systems, preventing and avoiding high-impact errors,
particularly in predictive maintenance and smart mobility management. 5

Despite receiving a lot of attention lately, artificial intelligence is not as novel as some people
may think. Although artificial intelligence has been around for at least 25 years, it is currently
growing and making its way into government buildings because of a convergence of
technology. Similar to the method in which the human brain processes knowledge and lived
experiences, data mining also learns from them. When robotics and neural networks are
combined, you have tools that can quickly replace repetitive human tasks.

5
Vass company (Smart governance) < https://vasscompany.com/apac/en/insights/blogs-articles/smart-governance/>
accessed on 17.11.2024
 Expansion of AI over the globe

1. Technological advancement in India has brought admirable change through the

introduction of AI. The growth of AI in India is also known as the fourth industrial revolution.
The Ministry of Electronics and Information Technology (Government of India) has also
taken an initiative to introduce AI in sectors format which includes, sectors like agriculture,
food, health, water resources, environment and pollution, education, culture, transportation,
highways, and waterways, railways, and public safety. This gives a clear vision of the Indian
government developing AI such that not even a single sector faces the challenges.
2. The United States (US) is the first nation to use artificial intelligence in administration.
The US is also known as a leader of AI among all the nations and it is the home country for
AI companies. Being at the forefront of the global technological transformation, the
Department of State concentrates on artificial intelligence (AI), which offers both enormous
benefits and difficulties. The United States, Department of State seeks to encourage a global
government and improve communication between countries worldwide. AI also acted as an
effective communicator. United States has also introduced AI in the progression of
technologies and science across the globe to cover all aspects. Since it is important to promote
the responsible development, deployment, usage, and governance of reliable AI technologies,
the Department participates in numerous bilateral and multilateral decisions. 6

There are some policies made by the US government, which indeed provide services to
enhance the Scope of AI in the world for the future Generation.

a. Safe, secure, and trustworthy development and use of AI

b. Voluntary commitments from leading AI companies to manage the risks posed by AI.
c. Acquisition and use of AI and machine learning by DHS components
d. New National Science Foundation funding
e. AI risk management framework
f. Blueprint for an AI bill of rights
g. National AI initiative
6
U S Department of States (science, technology, and
innovation)<https://www.state.gov/artificial-intelligence/#:~:text=The%20Office%20of%20the
%20Under,technology%20and%20management%20consultant%20functions.> accessed on 19.11.2024
 h. AI in Government Act of 2020
i. Promoting the use of trustworthy AI in the federal government
j. Department of Homeland Security 2020 AI strategy
k. Maintaining American Leadership in AI.7

3. Japan positioned artificial intelligence (AI) as one of the technical pillars for establishing
a super-smart society in Japan as well as all over the globe. Additionally, the Prime Minister
of Japan directed the establishment of the Artificial Intelligence Technology Strategy Council,
which brings government, industry, and education to facilitate research and development
collaboration, to encourage AI research and development.
In recent years, the Japanese government has attempted to build a new global framework for
discussing international legislation regarding the acceptable use of AI technology. PM
Kishida Fumio’s participation in the Organisation for Economic Co-operation and
Development (OECD) ministerial meeting can be viewed as the most recent example of
Japanese AI diplomacy. Digital technology is one of the areas where the OECD can leverage
its strengths the most. The OECD has been at the forefront of international discussions on AI,
including the development of AI principles. Building on the outcomes of the Hiroshima AI
Process, Japan will advance discussions toward achieving safe, secure, and trustworthy AI. 8
However, some laws and acts are made in Japan that contravene the use of AI.

a. The Digital Platform Transparency Act

b. The financial instruments and exchange act
c. The civil code
d. The copyright act
e. Criminal code9

7
America's Cyber Defense Agency (National coordination for critical infrastructure security and resilience) , Recent
U.S . Efforts on AI Policy < https://www.cisa.gov/ai/recent-efforts > accessed on 20. 11 2024
8
Keynote Speech by Prime Minister Kishida at the Opening Ceremony of the Ministerial Council Meeting of OECD
< https://www.mofa.go.jp/ecm/oecd/pageite_000001_00330.html> Ministry of Foreign Affairs of Japan, November
30, 2024
9
White & case (global regulatory tracker)<Laws/Regulations directly regulating AI > White & case (global
regulatory tracker)<Laws/Regulations directly regulating AI > accessed on 22.11.2024
 4. Russia is considered one of the largest tech firms in the world and it has a peculiar
approach to developing AI in the nation which means that Russia's AI is neither developed by
the government nor by any private entities but it is developed by State-owned firms. This is
because the Russian government has a lack of trust in AI rather it has started focusing on the
other high-tech priorities. As a result, Russia's AI is developed and handed over to the state-
owned bank & Sber Bank which plays a lead role in making investments to develop AI in the
nation through government-backed institutions.10

In the ongoing Russian-Ukrainian conflict, artificial intelligence (AI) is becoming a valuable

tool. Particularly, it has transformed into a crucial data analysis tool that aids operators and
combatants in understanding the increasing number and quantity of data produced by multiple
systems, weapons, and field troops. Therefore, it also became a disadvantage for the Russian
government in the war because Ukrainians offered their artificial intelligence concepts and
technologies to the Allies and their partners, which were utilized in some essential tasks as far
concerned, they benefited from them. Global media outlets openly cover this application,
emphasizing the Ukrainian government's readiness and capacity to implement innovative
tactics to dominate Russian soldiers.11

5. China started its AI journey in 1970 to become an international leader worldwide. It has
emerged & transformed with both a combination of historical dedication and technological
innovation of the nation. AI is implemented in various sectors of China like healthcare,
education, transportation &, etc. The Chinese government gave immense support to
developing and generating AI and also some leading AI research institutions and companies
like Baidu, Tencent, Alibaba & SenseTime gave significant contributions to the rise in the AI
domain. AI in China has a crucial role in the expansion of infrastructure and technologies for
example industrial robots which will be installed in 2022 by Dreame technology and Fourier
intelligence. AI also helped many students to amplify their personal and professional skills

10
Science Direct (Russia’s Artificial intelligence
strategy)<https://www.sciencedirect.com/science/article/abs/pii/S0030438720300648> accessed on 22.11.2024
11
Samuel Bendett, Centre for New American Security <https://www.cnas.org/publications/commentary/roles-and-
implications-of-ai-in-the-russian-ukrainian-conflict> accessed on 23.11.2024
 through AI platforms to get customized experiences for the students. It can give guidance to
enhance traffic control. Henceforth, the rapid growth of AI in China found some complex
challenges.

The China government also played an important role in the disadvantages affected from AI.
The administration of the Chinese government started focusing more on social stability and
security of the country by making some legal frameworks (rules & regulations, statutes, acts)
and they gave importance to the public perceptions and made legislative developments to
limit the usage of AI in all the sectors through the government of china act as responsible
governance.12

6. Policies on artificial intelligence (AI) with the release of the European Union (EU) AI
Act in the EU's Official Journal. This historic law, which will go into effect on August 1st,
2024, ushers in a new age of AI governance and accountability, as well as both the private and
public sectors, have acted quickly to meet its requirements. Together with the Digital Services
Act (DSA), Digital Markets Act (DMA), General Data Protection Regulation (GDPR), and
NIS2 Directive. The European Union's Act is currently a key component of the EU's overall
digital strategy. The rule is expected to change how AI is developed and used in Europe and
abroad by making sure these technologies follow stringent ethical and legal norms.13

The EU AI Act allows AI to develop and expand in the EU countries by

a. Ensuring trust and safety AI system

b. Key Provisions and Compliance Imperatives
c. AI training and research
d. Mastering AI Compliance and Risk Management etc.

AI in India Administration and its Achievements

12
Etoc (The AI development in China)<https://ecommercetochina.com/the-ai-development-in-china/> accessed on
23.11.2024
13
European Institute of Public Administration (EU AI act )<https://www.eipa.eu/news/eu-ai-act-urgent-compliance-
required/> accessed on 23.11.2024
 1. India AI Compute Capacity: With an objective to satisfy the needs of the country's
expanding AI companies along with the research community, this pillar focuses on
determining a scalable AI computing environment with more than 9,000 GPUs through
public-private cooperation. An AI marketplace will provide a central location for necessary
AI resources, providing pre-trained models and AI as a service.
2. Industries: India's AI Innovation Centre is tasked with creating and implementing
domain-specific foundational models and indigenous Large Multimodal Models (LMMs) in
vital industries.
3. Data protection: The AI Datasets Platform seeks to facilitate AI innovation by providing
high-quality, non-personal datasets. Indian researchers and startups would be given easy
access to all these datasets thanks to a single data platform.
4. The AI Application Development Initiative addresses issues raised by State Departments,
Central Ministries, and other organizations in order to advance AI applications in vital fields.
It focuses on creating, growing, and encouraging the usage of powerful AI solutions that can
significantly alter the socioeconomic landscape.
5. India’s AI Future Skills: By widening AI courses at the undergraduate, graduate, and
doctorate levels, this pillar seeks to lower barriers to enrollment in AI programs. In the
second-tier and third-tier towns, Data and AI Labs will be set up to provide introductory
courses.
6. India and AI in Startup Financing: By offering quick access to capital for novel AI ideas,
this pillar assists and propels deep-tech AI companies.
7. Safe & Trusted AI: By implementing Responsible AI initiatives into action, creating
domestic tools and frameworks, creating self-assessment checklists for innovators, and other
policies and governance frameworks, this key component aims to ensure the responsible
development, application, and acceptance of AI14.
8. Sustainability and Climate: the Indian government's goal to use AI to boost economic
growth and address climate issues at the same time is explained in detail in the India AI 2023
Report. One particular focus of this research is inclusive post-pandemic recovery and

14
Impact and policy research institute (India and AI achievements )<https://www.impriindia.com/insights/india-ai-
ongoing-effort-futureprospect/#:~:text=The%20IndiaAI%20Mission%20aims%20to,socially%20impactful%20AI
%20projects%2C%20and> accessed on 23.11.2024
 multilateral cooperation, with a focus on labor market challenges, health infrastructure,
climate finance, and debt governance.
9. Education: The use of AI tools to personalize education is one of the main goals stated in
India's 2020 National Education Policy. The goal is to use AI to close the achievement gap
and customize learning experiences to each student's unique requirements, linguistic settings,
and skills. This program also seeks to develop a workforce with the technological know-how
to support and profit from India's expanding AI-driven economy.
10. Agriculture: Technology related to the agricultural sector may be necessary for the
successful integration of AI tools for agricultural development. Farmers may be eligible for
official business loans rather than predatory, unofficial loans if they are integrated into the
Indian credit system. Furthermore, language localization missions like “Bhashini” are
essential for closing the digital gap and guaranteeing that farmers have access to critical
agricultural data in their mother tongues ("Bhashini"2023). India has the chance to establish
an inclusive, effective, and sustainable agricultural environment that empowers millions of
rural residents by fusing technical developments with encouraging policies.15

Operation Trinetra refers to the term "three eyes". This operation is been designed in such a
way as to accomplish the mission of installing over 5000 AI-based CCTV cameras in
crowded areas as well as in the area of high terrorism in many parts of the country. This
initiative by the Indian Government ensured that the Indian Police are not been overburdened.

This camera helped the Police people to manage a high crowd in the mela as well as to do a
head count for the people and check the unregular activities more easily than before. The
same model-based camera is also installed in the Karnataka Legislative Assembly, to ensure
the movement of the people and note every single gesture to ensure accountability and
transparency among the citizens in any case.

Challenges faced by using AI in Indian Administration for decision-making

15
Morgon Wilsmann (Indian Public Policy Review 2024)<https://doi.org/10.55763/ippr.2024> accessed on
23.11.2024
 AI also started to enhance its ability by assisting in decision-making related to the
administrative matters across the globe. However, it has become a huge drawback to humans
and their ideas have been unrecognized by the members of the administration which
discourages them from working efficiently in their respective fields. Additionally, it aids with
repetitive and time-intensive tasks & it focuses more on strategic work rather focusing on
functional work.

1. AI's weak business case: Organizations may not fully comprehend their goals for AI-
assisted decision-making without an established plan and corporate case, which makes it
challenging to assess the effectiveness of implementation. Additionally, integrating the
technology into current company processes, winning over important stakeholders, calculating
return on investment, and spotting chances for constant enhancement may be a challenge.
2. Quality of data: Making sure that high-quality data are abundant is one of the most
difficult aspects of putting AI-assisted decision-making into practice. The accuracy of AI
algorithms and the capacity to offer significant insights that could result in increased
efficiency can both be adversely affected by poor data quality.
3. Complexity in working with AI with existing systems: In existing systems, there is an
incompatibility with AI systems because they are not designed to integrate with AI
methods.
4. Partiality & fairness: AI may perpetuate biases and prejudice which leads to unprincipled
and unfair outcomes. It is not easy for humans to interpret the decision-making of AI
which may become biased decisions in some cases.
5. Adoption and trust: Building trust and promoting the use of AI-assisted decision-making
among staff members who might be concerned that AI will replace them is a challenge
for many leaders. This could be the result of a slow-to-adopt organizational culture,
which could lead to a reluctance to adopt fresh methods of working or even mistrust
among stakeholders.16.
6. Control and adherence: Businesses must manage a complex and quickly changing legal
environment; laws like California's CCPA and the EU's GDPR mandate that businesses

16
Ronald van Loon ( AI-assisted in decision making )< https://www.linkedin.com/pulse/ai-assisted-decision-
making-top-7-challenges-tips-success-van-loon/> accessed on 04.12.2024
 secure personal data, which can raise privacy and security issues when deploying AI
solutions that rely on this data.

AI: Reshaping judicial decision

One innovative application of AI in the legal system is predictive analytics. By

examining historical data from previous cases, AI algorithms may predict the likely
results of upcoming court proceedings. In addition to guiding lawyers in formulating
strategies, it also helps judges understand possible precedents and the repercussions of
their judgments.

Although technology might offer based on data still AI is not equivalent to the judgment
made by humans. This capacity to predict outcomes is particularly useful in complex
litigation settings where possible courses can be suggested by previous trends and
judgments. However, it's crucial to use these instruments sensibly, ensuring that they
reinforce court rulings rather than overturn them.

AI has huge potential in the legal system. While it advances the judicial system it can be
used more often to provide increasingly complicated and advanced support. Although it
requires caution, AI integration can increase the effectiveness and degree of knowledge
of legal proceedings.

Utilizing AI's capabilities while maintaining the human aspect in legal decision-making is
the key to building an AI-enhanced judiciary that complies with the highest standards of
justice and fairness, legal professionals and technologists must continue their
collaboration.17

Conclusion

17
Dr.Hemachandra Kanna (Predictive analysis of AI)< https://indiaai.gov.in/article/decoding-the-future-how-ai-is-
reshaping-decision-making-in-the-judiciary> accessed on 04.12.2024
In the 21st century, technology is playing a major role in every human being's daily life,
especially in the present day everyone has immensely depended upon technology rather
than human work. Whereas, Artificial Intelligence has made enormous changes in
everyday human life throughout the globe. It has commenced an important role in all
sectors as well as, both public and private entities which leads to the enhancement of the
global network among the nation.

AI has cooperatively made flexible in decision-making regarding any issues which is

concerned to the international level and also, and it has also shown its proficiency by
aiding the expertise or decision makers, through its data analysis both in central and state
administration at the domestic level but AI algorithms generate its suggestion only based
on previous data, while in comparison to AI the humans, they are productive to work in a
moral, legal and ethical form with his intellectual & innovative ideas which is beneficiary
to the people as well as to the government.

Henceforth, AI can be a useful servant but not a dictating master it can assist but cannot
replace humans.