The COVID-19 pandemic wreaked havoc on the world and impacted all people, irrespective of their gender, race, place of residence, or profession. During the pandemic, people’s lifestyles and ways of working changed drastically. People moved away from traditional work environments. They adapted to working their businesses and jobs from their homes. Remote work became the norm, which led to a significant shift in how businesses functioned.
One key place in India where this transformation was seen was in our judiciary. The pandemic accelerated technology adoption in legal proceedings, giving rise to virtual courts and e-filing systems. These innovations addressed operational challenges and paved the way for a more efficient and accessible legal framework.
Virtual courts allow legal proceedings to be conducted online, while e-filing facilitates the submission of documents electronically. This relief to traditional court practices comes as a catalyst for change. COVID-19 acted as a catalyst for change, leading to the adoption of technology at a much higher pace for legal proceedings.
Development of Virtual Courts in India
In simple terms, virtual courts refer to conducting court proceedings and other related tasks virtually or over the Internet. This journey towards digitalization in the Indian judiciary began with several initiatives to improve efficiency and accessibility.
E-Courts Mission Mode Project
The e-Committee of the Supreme Court of India submitted the National Policy and Action Plan for Implementation of Information and Communication Technology (ICT) in the Indian Judiciary in 2005. The vision behind this was to transform the Indian Judiciary by enabling courts with ICT. The Pan-India project was to be implemented in three phases, Phase 1 began in 2007, and Phase 2 began in 2014.
The E-Courts Mission Mode Project was a crucial step. It was launched to integrate information and communication technology (ICT) into the judicial system. Further, the project envisaged efficient and time-bound citizen-centric service delivery. Under this initiative, many court complexes were equipped for computerization.
This meant the courts could carry out their functions electronically rather than using traditional methods. In furtherance of this, court complexes were equipped with hardware, LAN, and Case Information Software (CIS) for providing basic case-related services to litigants and lawyers.
On August 7th, 2013, the then Chief Justice of India launched the e-courts national portal, ecourts.gov.in, as part of the eCourts project. This website is a one-stop shop for information about case status, cause list (daily listing of cases before the courts), and orders and judgements. The website is updated continuously, which helps provide accurate information for all the stakeholders involved.
The next crucial development in virtual courts was the online hearing of cases. This was seen during the pandemic. All the advocates, judges, and other court staff operated from the safety of their homes while continuing their respective works.
The court staff created meeting links on Zoom, Webex, etc., and circulated them along with the cause list for the day. Advocates, judges, and litigants could join the link and observe the proceedings. This was a welcome move, as it revolutionised the process and paved the way for reducing many pending court cases. This is because online hearings could continue even during heavy rains, health emergencies, or any other situation in which the parties or the advocates could not reach the court.
E-Filing System in India
Through the digital filing portal, litigants and their counsels can file court documents from the comfort of their homes and do not have to attend court in person.
The easy-to-navigate interface enables submission at any location and at any time. The electronic filing system applies to all high and district courts that have embraced the technology for criminal and civil cases. E-filing systems are made simple with relevant websites such as ecourts.gov.in, which allows filling up of forms and uploading of documents as well as payment of e-filing fees. As of May 31st, 2024, 25 high courts have enhanced their e-filing capabilities through model e-filing rules since the onset of the pandemic. This transformation helps to reduce costs and durations that would have otherwise been spent on carrying out manual processes requiring the carrying of files.
Benefits of Virtual Courts and E-Filing
The virtual courts and e-filing have several advantages that enhance access to justice:
- Inhabitants residing in far-off villages do not have easier access to court hearings. These solutions cut down the overall expenditure of litigants due to the costs associated with appearing in court in person and travel.
- Virtual hearings fast-track the settlement of cases, hence helping reduce the number of pending cases in court.
- There is minimal use of paper in court processes due to the digital migration, which is environmentally friendly.
Challenges in Implementation
E-filing and virtual courts have numerous advantages, yet their acceptance is hampered by several barriers:
- The phrase “digital divide” explains the sharp disparities between access to technology in cities and the countryside, which robs some groups of the chance to integrate into society fully.
- While many lower courts are in a position to hold virtual hearings, the vast majority do not have the necessary IT facilities.
- With the increased adoption of digital technologies, data security and protection issues are becoming more pronounced.
- Because new technologies may be crucial to effectively running a court system, some judges and lawyers may have challenges adapting to the new technologies.
Judicial Framework
The Indian judiciary has taken the responsibility for integrating virtual courts and e-filing very seriously. The Supreme Court has established guidelines for conducting virtual hearings, emphasizing their necessity during emergencies like the COVID-19 pandemic.
All the country’s courts are trying to incorporate virtual hearings and e-filings. For example, the Bombay High Court allows advocates to join the hearings in a hybrid manner. This practice has extended to several high courts, which shows the courts’ commitment to enhancing this technological advancement.
Moreover, in cases like Swapnil Tripathi vs. Supreme Court of India, the Supreme Court advocated telecasting court proceedings to promote greater transparency in the courtroom.
Some Facts and Figures
According to the Press release by the Press Information Bureau(PIB) on July 25th, 2024, the following updates were given regarding the E-Courts Mission Mode Project:
Phase I of the Project
- It focused on the basics of computerization, like setting up computer hardware, internet connectivity, and operationalizing the e-Courts platform.
- 14,429 district and subordinate courts were computerized.
- LAN installed in 13,683 courts; Hardware in 13,436 courts; Software in 13,672 courts.
- Laptops given to 14,309 judicial offers.
Phase II of the Project
- WAN connectivity with 10 Mbps to 100 Mbps bandwidth speed given to 2977 court complexes across India.
- As of July 1st, 2024, litigants can access case status information of over 26,044 crore cases and more than 26,047 crore orders/judgements.
- The District and Subordinate courts heard 2,33,67,497 cases, while the High Courts heard 86,35,710 cases till May 31st, 2024, using the video conferencing system.
- A new e-filing system with upgraded features has been rolled out for the electronic filing of legal papers.
Phase III of the Project
- Phase III, which started from 2023 onwards, aims to digitize entire court records and universalise e-filing/e-payments.
- The various components of the e-Courts Phase include digitising 3108 crore pages of legacy records, cloud infrastructure, 4400 fully functional e-Sewa Kendras in all court complexes, and emerging technologies like Artificial intelligence Learning.
Conclusion
The adoption of electronic filing and virtual courts is an important step in enhancing the effectiveness and speed of India’s legal system. These modifications are currently affecting how justice is administered throughout the nation.
As time goes on and India’s judiciary continues to undergo a technological transition, it will become increasingly necessary to overcome current obstacles to optimize benefits and guarantee accessibility for all. Legal procedures seem to have a bright future if initiatives to adopt digitisation that promote increased inclusivity and efficiency are continued.
