The digitalization of India’s judicial system is a landmark transformation, poised to revolutionize day-to-day operations of courtroom proceedings. From the implementation of e-filing systems to virtual hearings technology is fostering more expeditious, efficient and transparent judicial processes. The proposition that “Digitization is transforming Indian litigation for the better” finds substantial support in recent advancements, such as the e-courts project, which has streamlined case management and reduced dependency on manual processes.
Moreover, virtual courtrooms, introduced during the COVID–19 pandemic have made justice more accessible by eliminating geographical constraints, reducing monetary costs and saving time for litigants and lawyers. Artificial intelligence tools are also being deployed to analyze case laws and enhance decision making.
Despite challenges such as the digital divide and cyber security vulnerabilities, the advantage of these technological advancements overwhelmingly highlights the potential of digitization to address the longstanding lack of efficiency and delay in the Indian Judicial System.
History And Evolution
India’s journey towards digitalization of its judicial system commenced in 2005 with the establishment of the Supreme Court e-committee. Almost 18 years later, phase II of the e-court project is close to completion. This phase has prioritized citizen-focused e-services, successfully computerizing 18,735 courts and integrating them through wide area networks. Additionally, the e-committee has approved a Digital Preservation Standard Operating Procedure to facilitate the scanning, storage, retrieval and digitalization of court records while safeguarding the legacy judicial data. This statement has been shared with all High Courts in India for implementation.
Advanced Technologies Used By The Supreme Court
In recent years, the Hon’ble Supreme Court of India, along with other High Courts and law institutions made significant strides in adopting technology to streamline judicial processes and improve efficiency.
A major milestone occurred in 2017 when Swapnil Tripathi, a law student, faced challenges in observing Supreme Court proceedings as an intern. This experience prompted him to file a PIL, requesting the establishment of live-streaming rooms within the Court premises to enable interns to observe proceedings without overcrowding the courtrooms.
In September 2018, the Hon’ble Supreme Court delivered its judgment in Swapnil Tripathi’s case, marking a significant step into the digital era. A bench comprising Hon’ble Chief Justice Dipak Misra, Hon’ble Justice A.M. Khanwilkar and Hon’ble Justice Chandrachud ruled that cases of constitutional and national importance should be made accessible to the public through live broadcasts.
However, despite this progressive ruling, the Court remained silent on the implementation of live streaming for nearly three years. It was only in June 2021 that the Supreme Court’s E-Committee released draft rules to guide live streaming in High Courts, signalling a renewed commitment to enhancing transparency and public access to judicial proceedings.
a. E-Committee’s Role in Technological Integration
The e-committee has played a pivotal role in integrating technological innovations within the judiciary. In 2021, the E-committee, in consultation with the Hon’ble Supreme Court and High Courts, outlined draft rules on live streaming and recording of Court proceedings for High Courts and addressed concerns around confidentiality and privacy for litigants and witnesses. It emphasized that technology should expand access to courts from physical to virtual platforms, thereby enhancing the principle of open justice.
The E-committee reported the successful incorporation of Information and Communication Technology (ICT) within the judiciary, including the development of a unified Case Information System (CIS) software tailored to the diverse procedures, practices, and languages across the country. It also introduced several platforms to facilitate service delivery, such as:
- e-Courts Portal: This is for case updates and access to judgments.
- Mobile Applications and SMS Services: Providing notifications and updates through SMS Push/Pull services.
- E-Payment and E-Filing Systems: These are for digital payments and cases filing.
- Touch Screen Kiosks and Service Centers: To provide easy access to judicial information.
b. Introduction of Artificial Intelligence
On May 23, 2023, the Hon’ble Supreme Court took another significant step by inviting bids for designing and implementing AI-based tools to transcribe court proceedings and arguments. The initiative aimed to enhance accuracy and reduce reliance on manual transcription. A meeting to discuss these proposals was held on June 12, 2023.
Additionally, former Chief Justice of India, Hon’ble Justice DY Chandrachud announced plans to use AI for translating judgments into regional languages, promoting accessibility for citizens across linguistic backgrounds. The initiative received praise from Prime Minister Narendra Modi, wording it as a commendable idea.
c. Digital Modernization of Courtrooms
On July 3, 2023, following the summer recess, the Hon’ble Supreme Court unveiled significant technological upgrades. Including:
- LED Video Walls: For improved presentations and visual clarity in courtrooms.
- Advanced Video Conferencing Systems: Facilitating seamless virtual communication and collaboration.
- Free Wi-Fi: Providing greater accessibility for litigants, lawyers, and visitors.
“The issue is not whether a judge is tech-savvy or not. To be a judge in this country, one must be tech-friendly or else, ensure adequate training to familiarize oneself with technology. This also holds true for Supreme Court judges who have undergone training at specialized centers.”
This was an observation made by Hon’ble Justice D.Y. Chandrachud during a proceeding regarding the current status of virtual and hybrid hearings across India.
Conclusion
The Indian judiciary has made significant progress in adopting technology to enhance efficiency and transparency in the judicial system. While litigators and judges are gradually adapting to these changes, certain challenges still persist, particularly in the area of cyber security and data protection. Addressing these issues is essential to safeguard sensitive and confidential judicial data.
Digitization has undeniably improved judicial processes, but continuous efforts are required to ensure that technology remains both inclusive and secure. By overcoming these challenges, India can fully harness the potential of a digitalized judiciary and justice can be made more accessible and effective for all.
