Use Of Digital Technology In Judicial System: Benefits & Challenges

Judicial systems have existed in India since ancient times. The Vedas and Upanishads mention a judicial system based on religious and philosophical precedents.

Court systems for civil and criminal matters were established in many ruling dynasties. A secular court system developed under the Mauryas and later the Mughals. The common law system came to India with the British East India Company. After independence, India established a single integrated judiciary.

• This system has provided justice to millions of Indians since independence.
• It has expanded its scope to cover the hitherto excluded regions of the country through the use of digital technology with initiatives like e-courts project, e - filing, National Judicial Data Grid, live streaming of court proceedings, etc.
• The onset of recent pandemic further intensified the adoption of digital techniques.

Technology Initiatives and Benefits

• e-Courts Project – Phase I of the e-Courts project was started in 2010. It provides efficient and time-bound, litigant-centric, affordable, accessible, cost-effective, transparent and accountable justice delivery system.
  • Under the project, automation of case management has increased the visibility and helped courts in speedier disposal of cases.
  • The centralized portals for Districts and Subordinate courts and High Courts are providing case, orders and judgments information to citizens with a single click.
• Computerisation of Courts – More than 18,000 courts in the country have been computerised. It has helped in improving disposal rates and efficiency of courts as well as reduced costs of administration.
• National Judicial Data Grid – Under the e-Courts project, NJDG works as a monitoring tool to identify manage and reduce pendency of cases. Through the grid litigants can access case status information in respect of over 4.1 crore pending and nearly 12 crore decided cases. It improves transparency and accountability of courts system.
• Setting up of Virtual Courts – It has eliminated the presence of litigants or lawyers in the court and promoted the adjudication of the cases online. In the wake of the Coronavirus Pandemic in 2020, the Supreme Court passed directions for all courts across the country to extensively use video-conferencing for judicial proceedings.
  • It has saved precious time of judiciary as well as litigants. It has ensured faster disposal of cases and reduction in pendency and greater control over management of cases.
• Tele-Law – Launched by Ministry of Justice, it connects litigants with lawyers through video conferencing facilities and telephone services. It has improved access to the judicial legal system for marginalized and vulnerable communities.
• e-Seva Kendras – These centres have been created in the High Courts and in District Courts to enable litigants to obtain information with respect to case status and to obtain copies of judgments and orders. These centres also extend assistance in e-filing of cases. It is a significant step for the common man in accessing their right to access to justice.
• Live Streaming – Gujarat High Court was the first high court to live stream court proceedings followed by Karnataka High Court.
  • Supreme Court has formed the Draft Model Rules for live streaming and recording of court proceedings. It will cover live-streaming and recording of proceedings in High Courts, lower courts and tribunals. Once operational, it will ensure that justice delivery system is more transparent and accountable.

Challenges to Digitization of Judiciary

• Infrastructure: Judicial infrastructure is lagging across the country. During the Pandemic, only 27% of the courtrooms had a computer for the judges for videoconferencing. As per the information available in the public domain, the sanctioned strength of judicial officers is 24,280 whereas there are only 20,143 court halls.
• Issues of Connectivity: Video conferencing and live streaming is marred by unreliable internet connectivity, particularly in the rural hinterland. Internet speeds are slow and advocates and litigants do not have access to necessary tools such as Laptops, webcams, etc.
• Cyber Security: Connecting all the courts through digital technology also increases the incidence of cyber-attacks, which may compromise the judicial system and hinder access to justice. Most virtual court proceedings in India take place using third-party software and platforms which are vulnerable to hacking.
• Data and Privacy Issues: There are concerns related to data intrusion and data privacy in the absence of a dedicated data protection law.
• Digital Literacy: Digital literacy is an obstruction in complete digitization of courts in India. Only 38% of India’s population is digitally literate.