• UGI USER
  • Sep 18, 2023
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Q. Technology has the potential to bring drastic changes in the field of law and transform the court system. In this context, discuss the need for digitization of Indian judiciary and challenges faced in this regard.

Approach:

  • Introduce the answer by briefly explaining how technology has the potential to bring about drastic changes in the court system and the way in which justice is delivered.
  • Discuss the need for digitization of Indian judiciary.
  • Highlight the challenges associated with respect to digitization in this regard.
  • Conclude by giving a suitable way forward.

Answer:

Courts in India have long explored technological solutions to dispense justice. Exercising its plenary power under Article 142 of the Constitution, the Supreme Court recently issued a set of guidelines for video conferencing to reduce physical interaction. Other major technology-driven reforms included e-filing of petitions, virtual hearings, and live streaming of the court proceedings.

Although the adoption of technology in the Indian Judiciary has accelerated recently, the need for digitization is compounded by the following factors:

  • Enhanced efficiency: Real-time online data would facilitate better identification and classification of cases and also enable High Courts to exercise proper supervision and control over subordinate courts. Also, reduction of paperwork will relieve the judges and other court staff from administrative duties and allow them to focus on judicial functions.
  • Court records: It reduces the possibility of missing court records. Further, maintaining physical records requires a large space to store multiple files, and it is also difficult to manually preserve decades-old documents.
  • Affordability: Digitization of judiciary such as making use of video and audio enabled hearings can save significant court costs in terms of building, staff, infrastructure, security, and transportation for all parties to the court proceedings.
  • Transparency and accountability: Digitization can contribute to transparency of court processes by allowing a precise record of the proceedings and at the same time discourage improper conduct in courts and wastage of court time.
  • Ease of doing business: Online resolution of contractual disputes through digitization will boost the confidence of domestic and foreign businesses as they explore investments in India.

The use of technology in judiciary can be truly transformative but, there are challenges associated with the same. These include:

  • Awareness and training: Legal acumen does not necessarily translate to technological competence. A large proportion of stakeholders like judges, court staff, and advocates, are crippled by lack of know-how in the use of technology.
  • Technological infrastructure: An ongoing survey of trial courts conducted by the office of the Chief Justice of India revealed that only 27 per cent of the courtrooms in the subordinate courts have computers on the judge’s dais and 10 per cent do not have access to proper internet facilities.
  • Connectivity: The 103rd report of the Parliamentary Standing Committee identified connectivity divide and lack of access to broadband internet as roadblocks to digital courts. The heterogeneity in internet penetration affects a substantial number of litigants and advocates, and makes them vulnerable to exclusion from the process of justice delivery.
  • Cyber security threats: Judicial data comprises sensitive case information and litigant data, thus, its electronic storing and transmission fuels security and privacy concerns.
  • Procedural problems: There are also procedural impediments in digitization of Judiciary like admissibility and authenticity of the evidence received through the video/audio transmissions, the identity of the witnesses, confidentiality of the hearings etc.

To address the above-mentioned challenges, the government and the Judiciary have taken several initiatives such as implementation of the eCourts Mission Mode project, establishment of the Judicial Service Centre, National Judicial Data Grid, Legal Information Management & Briefing System (LIMBS), etc., to promote digitization. Apart from that, the need of the hour is to design and impart regular training courses for judges, court staff and paralegals for using the online systems and maintenance of e-data as well as making clear rules for use of electronic evidence.