DIGITAL COURTROOMS: HOW TECHNOLOGY IS TRANSFORMING THE JUDICIARY IN INDIA
- Hindu College Gazette Web Team
- 4 days ago
- 14 min read
Introduction
Digital Courts operate remotely using a variety of software and internet communication technologies (ICTs). This was introduced as India's Green Initiative to reduce the use of paper and expedite the adjudication of many pending cases by litigants sitting at home. Under this initiative, the country's first e-court was set up in Karkardooma Court Complex by Hon'ble Justice Sh. A.P. Shah in 2010. India started digitising its courts in 2006 as part of a plan to become a greener country, but COVID-19 caused a change to digital or virtual courts. Digital courts function similarly to physical courts; the only difference is that they operate on virtual platforms. [1].
Traditional courts rely on in-person interactions and paper-based documentation, which is often time-consuming and very expensive. These outdated practices can usually cause delays and barriers, thereby limiting the public's access to justice. Thus, digitalisation of the courtrooms has become essential for addressing traditional judicial processes' shortcomings. Moreover, the recent COVID-19 pandemic had further highlighted these limitations, indicating a pressing need to integrate technology into the judiciary to ensure continuity and adaptability of the system during such crises.
The surge in covid cases in 2020 pushed the whole country into a period of complete shutdown which disrupted the Judiciary, and led to the closure of courts in India. Thus, the COVID-19 pandemic catalysed for courtrooms to adopt digital solutions to maintain the efficient functioning of courts. Technology was quickly and widely hailed as the solution to tackle the challenges associated with delivering justice during lockdowns.
This blog examines the transformation brought by the digital courts in India; their positives and negatives; the main technologies used to reform the Judiciary in India and the critical steps needed to make technology an enabler of inclusivity rather than an accelerator of inequalities in the court system.
Limitations of the Traditional Indian Courtroom
Traditionally, Indian courtrooms have been plagued with many problems and shortcomings, which make them less effective and accessible. They are also not very transparent to the public in general. The technicalities of procedures often leave one feeling alienated and confused as to his rights and alternatives, which makes it more difficult for people to trust the Judiciary.
One of the major challenges for the Indian judiciary is the massive backlog of cases, which severely delays timely justice. Currently, the Apex Court of India itself has 82,000 cases, all the High Courts combined have more than 62 lakh cases whereas the subordinate courts have almost five crore cases and more than 50 lakh cases have been pending for over 10 years. We have one of the lowest judge-to-population ratios — 21 judges per million. We use the adversarial system, so almost every case has many interim applications along the way and several appeals after the first step is completed. The use of inefficient paper-based processes which include manual documentation, case tracking, and filing cause delays and increased administrative burdens, making it difficult for courts to manage their caseload effectively. Geographic barriers also pose serious barriers to accessing justice. Many people in rural or remote areas have difficulty accessing courts, which limits their ability to engage with the legal system. A striking example of the challenges in accessing courts in rural India is the inconsistent implementation of virtual courtrooms. Despite efforts to digitise the judiciary, many rural courts lack proper infrastructure, with poor internet connectivity and low digital literacy among litigants and lawyers. This results in significant delays in case hearings, disproportionately affecting individuals in remote areas who already struggle with legal accessibility.
Favouritism and access to senior advocates significantly impact case listing in Indian courts. Senior advocates often secure prior listing due to their influence and direct access to the mentioning benches. The court registry, which controls scheduling, sometimes exercises discretion based on informal influences, leading to procedural manipulation. High-profile lawyers can expedite urgent hearings whereas lesser-known advocates face delays.
Although judicial reforms like automated case listing aim to enhance transparency, inconsistencies persist. Strengthening registry oversight and implementing randomised case allocation can help mitigate these disparities and ensure equitable access to justice. Concerns have been raised that the designation process favours elite lawyers, preventing meritorious trial court advocates from receiving due recognition, thus reinforcing inequalities in case prioritisation. Legal experts have called for standardised listing procedures and an automated case allocation system to address these issues to ensure fairness.
Staff shortages in courts result in severe delays in case processing, backlogs, and a slow judiciary. The Bombay High Court has referred to the crisis of staff shortages and emphasised that mere recruitment of staff vacancies is not adequate; they must be technically competent to handle modern judicial requirements. The Bombay High Court registry lacked 453 staff on the Original Side and 792 staff on the Appellate Side, totaling 1,245 staff. The High Court again emphasised that an insufficient number of staff slows down court operations, it becomes difficult to locate files, annex papers, and prepare cases efficiently. Governments and judiciaries must make the prioritisation of spending money on recruitment and retention of staff in courts their priority to address staff shortages.
Evolution of Digital Courtrooms in India
The initial phase of courtroom technology intended to commence with the introduction of eCourts Project in 2005. This project aims to ensure the transformation of the country's judiciary using technology and to make the justice delivery system more affordable, accessible, cost-effective, predictable, dependable, and transparent [2]. Launched in three phases, the phase I and II of this Project were dedicated to installing hardware, software, Case Information Software (CIS) in District and Taluka Court Complexes and updating the installed systems in courts across India. Websites were also launched for District Courts and judicial officers, and court staff were trained on how to use computers and CIS.
Phase III envisions Digital and Paperless Courts, which intends to bring legal proceedings into a digital format while eliminating the presence of litigants and lawyers in the courtroom. One more goal of this phase is to use the emerging technologies such as Artificial Intelligence (AI) and its subsets such as Optical Character Recognition (OCR) to analyse case pendency, predict future litigation, and for other purposes.[3]
Another significant initiative is the National Judicial Data Grid (NJDG), which is a database of orders, judgments, and cases developed as an online platform under the eCourts Project. It contains information about judicial proceedings/decisions from all computerised district and subordinate courts, thus, enabling citizens to monitor court verdicts efficiently.
Furthermore, the Supreme Court of India has launched several initiatives to promote digital transformation, such as virtual hearings and Digital Supreme Court Reports (Digi SCR) which provide free access to all Supreme Court decisions since 1950 in digital format.[4]
In the case of Swapnil Tripathi vs Supreme Court of India (2018), it was held that cases of constitutional and national importance should be broadcast to the public. This would not only implement the "public’s right to know" but also bring more transparency in judicial proceedings.[5] These efforts emphasise the apex court’s commitment to adopting modern technologies to improve judicial processes and ensure access to justice for all citizens.
Contributions by CJI D.Y Chandrachud
Chief Justice D.Y. Chandrachud has spearheaded the process of modernising India's judiciary by championing digitalisation that renders the system more transparent and accessible. His approach is based on the belief that technology is not an auxiliary but a key part of the delivery of equal justice to all. At his initiative, the Supreme Court has commenced live-streaming of hearings of Constitution Benches so that the public can witness important judicial proceedings in real-time. In addition, his initiative to streamline case listing and scheduling has averted delays, thus ensuring a smoother legal procedure for lawyers and litigants alike.
Apart from efficiency, CJI Chandrachud has also toiled for a people-friendly and inclusive judiciary. He has given importance to hybrid court hearings, where lawyers and clients, irrespective of location, can participate in hearings without the hassle of travel. He has also managed e-filing schemes, which have reduced paperwork and made legal documents more accessible. Keeping in mind the digital divide, he has advocated improved internet connectivity in courts, particularly in rural courts, so that no one is left behind in the justice system
But his reach is not limited to the technological sphere. He has remained steadfast in gender equity in the judiciary, publishing the Handbook on Combating Gender Stereotypes to combat gender stereotypes within legal thinking. His approach bears witness to a deep commitment to justice being not just effective but fair, equitable, and accessible to everyone.
Key Technologies Transforming Indian Courtrooms
Indian courtrooms are being revolutionised digitally with the help of a range of technological advancements to increase efficiency, transparency, and access. One of the key developments is the computerisation of case files, with scanning centers set up in court buildings to scan paper documents and save them in encrypted digital format. These files are saved on a centralised server, and authorised personnel can access them remotely through a secure software platform. This saves the time-consuming exercise of fetching documents from physical storage, minimising administrative loads.
Another major trend is the paperless deposition process, where proceedings are recorded electronically by stenographers, and judges and attorneys review drafts in real time on their displays. Once sanctioned, the electronically signed deposition is consolidated into the case file, allowing seamless documentation. Similarly, the collection of digital evidence has streamlined judicial processes so much that police and hospital record photographs are imported directly from cameras or other imaging devices. Such records are indexed systematically against case files, thereby providing more accurate and quicker evidence retrieval.
The inclusion of remote sharing of data has enhanced the effectiveness of judicial processes, with law enforcement and healthcare personnel being able to upload and download case documents from anywhere. This technology minimises delays that come with manual filing and enhances coordination among the parties. The launching of new technology innovations is a major leap in the Indian judiciary's modernisation, enhancing the efficiency and accessibility of legal proceedings, and also resolving chronic issues with regards to backlogs of cases, and administrative shortfalls. In addition to this, live streaming of court hearings has been incorporated, thereby enhancing transparency and enhancing public confidence in the judiciary. A controlled online registration system enables authorised individuals to access court hearings, thereby enhancing accessibility and security. [6]
Advantages of Virtual Courts
Virtual hearings enable lawyers and litigants to attend the court from wherever they are, eliminating geographical limitations. It is of special benefit to those in remote locations, saving both money and time, especially for poorer litigants. For example, traffic offense violators can clear them without visiting the court. The impact of virtual courts is evident in states like Odisha, where district courts in Angul and Nayagarh have successfully implemented a structured virtual hearing system. Judges have emphasised how digital scheduling has helped minimise delays, ensuring cases proceed without unnecessary interruptions. Testimonies of court participants demonstrate the importance of virtual hearings, especially when they experience transport problems or residential instability, this can help forensic experts and medical professionals to testify remotely, reducing the burden of travel and time constraints.
The shift to e-forums eliminated the need for physical appearance, which saves time and money on travel. This can be very useful in certain types of cases, including family law cases, civil cases, and first-criminal hearings. The convenience of virtual hearings also allows for better judicial scheduling and the elimination of idle resources.
Virtual hearings facilitate the production of witnesses, as the witnesses can offer evidence from convenient and safe areas. Moreover, the transportation of the offenders to be tried is possible economically and in a convenient manner. Virtual platforms also allow for the participation of support individuals, including professional counselors, who can accompany the clients to attend hearings to render immediate support, particularly in case-sensitive ones.[7]
Another key advantage is the ability of legal professionals to expand their client base. Virtual hearings have allowed lawyers to represent clients across different jurisdictions, even internationally, particularly in corporate and arbitration cases. Lawyers can appear for their clients at other hearings with short notice, further increasing the scope and client bases. Virtual hearings are less stressful and more comfortable for women, children, abuse victims, and people with disabilities, who might be unable to attend physical hearings. Remote technology removes the attendance barriers that previously created participation barriers, i.e., disability or fear of aggressive physical contact. Enhanced access guarantees that vulnerable citizens can participate in legal proceedings without unnecessary trouble and stress.
Challenges and Limitations of Digital Courtrooms in India
Digital Divide: In many instances advocates and litigants cannot access high-speed internet and basic infrastructure that are considered to be a prerequisite for virtual hearings. To meet that end, private agencies must be roped in to deliver video conferencing equipment up to the doorsteps of people who are not tech-savvy, so that they can connect to the courts. The Judiciary also needs to look into launching mobile video conferencing facilities in remote areas.
Skill divide: There is an excessive amount of resource inequality between rural and urban areas. Furthermore, people in rural areas lack basic knowledge and awareness about using such technology. Thus, while video conferencing is an important alternative at present, it fails to reach out to the masses and the poor sections of society, who lack the necessary resources and knowledge to use it.
Security risks: Many cases are sensitive and contain personal information, which may include cases related to matrimony or rape. Leaks of such personal material on online platforms can create significant damage to the parties in question. The data available online may also be hacked in the event of an error in the security system of the portal where the virtual court proceedings will take place. In India, third-party software applications such as Vidyo, Jitsi, and Cisco are currently being used for video-conferencing court proceedings. Such third-party software presents a significant security risk because they are prone to hacking and manipulation.[8] Even Supreme Court’s official YouTube account was hacked and the channel started showing videos promoting a cryptocurrency developed by US-based company Ripple Labs.[9]
Infrastructure: There are many Talukas/villages where the infrastructure is not up to the mark, like electricity and internet connectivity. Electricity connection is an absolute necessity along with internet connectivity and computers to ensure justice is accessible for every segment equally. Setting up such infrastructure would also require a huge allocation of funds for these projects.
Judicial Resistance and Cultural Barriers: Many judges and lawyers, especially in district and lower courts, are still not at ease with virtual hearings. Urban courts have easily adjusted; rural courts, on the other hand, are still grappling with technological resistance and unfamiliarity with digital platforms. The judiciary needs to give priority to training programs so that transitioning to digital hearings can go off smoothly.
Traditionalist Roadblock to Digital Courts: The older cohort, especially the senior judges and advocates, are themselves largely contributing to a slow pace of digital adoption. Many competent legal professionals remain stuck to traditional court settings, thinking that having face-to-face interaction and assessing witnesses for their credibility in a convincing manner is a necessity. Additionally, even some senior advocates prefer in-person hearings where physical presence and disposition still weigh mostly in concluding cases-a fact virtually unachievable within the circuit of virtual courts.
Language Barriers and AI Limitations: Most cases in lower courts are conducted using the regional language, and translation technology being worked upon is still in a fluid state. The SUVAS AI (Supreme Court Vidhik Anuvaad Software) tool developed by the Supreme Court to translate judgments into regional languages suffers from serious discrepancies from case to case and has a chance of misunderstanding in real-time virtual hearings. The answer to the above would be investing in AI-driven translation and transcription tools right here.
Lack of Integration Between Digital and Physical Courts: The hybrid model, involving a merging of virtual and in-person hearings, adds coordination headaches and scheduling conflicts. Many cases require physical presence for the cross-examinations, depositions of witnesses, and the bringing of physical evidence, which virtual hearings seem unable to completely accommodate. Clear guidelines from the judiciary about which cases warrant priority for virtual hearings must be drawn.
Regional Inequality in Digital Infrastructure: While courts in urban centres such as Delhi, Mumbai, and Bangalore have adopted digital technology, rural courts in Jharkhand, Chhattisgarh, and the North-East have poor connectivity and electricity problems, compounded by a lack of digital courtrooms. The slow yet ongoing implementation is aimed at connecting all gram panchayats to the government-initiated BharatNet project, with this also being an area wherein collaboration with private players must occur in order to push the infrastructure and allow for more effective meaningful impact to spread to the poorer, more inaccessible regions.
Inefficiency in Handling Digital Case Records: While the digitisation of cases, in theory, has made access easier and more convenient, there is as yet no uniform database for all courts, and time is wasted in locating files is an inefficiency. The National Judicial Data Grid (NJDG) attempts to centralise case records, but many courts fail to update digital records consistently, leading to discrepancies in case tracking.
Artificial Intelligence in the Legal Domain
One cannot imagine digital courts functioning without the use of artificial intelligence (AI) in today’s era. The future of AI in the legal domain has enormous potential to transform various aspects of the judicial process. Integrating AI technologies into the legal system can improve efficiency in research, case management, and predictive analytics.
AI tools can generate legal documents like contracts, statements of claim, and data protection declarations automatically. When special commands are given to AI, personalised documents can be made which will provide a savings in time. AI can scan volumes of legal documents, including all associated information, and then extract it, recognise trends, and determine risks. When applied to due diligence or a contract review, AI can be particularly effective.
With AI-powered chatbots on the horizon, it is possible for users to access legal information in an easy language. They are accessible at any place and at any time, also one may obtain advice on very basic legal issues, which makes the product very easy to use.[10] Since February 2023, the Supreme Court of India (SC) has used artificial intelligence to translate judicial documents, conduct legal research, automate processes, and transcribe oral arguments into Hindi and 16 other regional languages, which are available on the eSCR portal.[11]
Conclusion
Transformation of the Indian Judiciary by Digital Courtrooms is one of the important steps forward in having a modernised judicial system and timely access to justice. Digital courtrooms use technology as a means to overcome long-standing challenges in the judicial process, but, while this change of court hall into a virtual place is really beneficial; it also raises doubts about the ability of technology to be a solution when there is a clear divide between those who have access to the internet and those without such privilege.
To participate in virtual legal proceedings, many rural areas and underprivileged communities in India, where the digital divide is so stark, depend on basic infrastructure like dependable electricity, internet connectivity, and computers or smartphones. This further increases chances of marginalisation of these populations from their access to the justice system and at large, would accelerate the difference in accessibility between urban and rural justice. Digital courtrooms in India promise a lot for the future, but it will need a balanced approach; with policymakers, the judiciary, and technology experts all working together in synthesis to come up with solutions that set both its gains and pains in order.[12]
The judiciary and government have also sought the expertise of private technology companies to improve the digital infrastructure of courts. These collaborations have resulted in the development of secure video conferencing platforms, more user-friendly court websites, and improved digital record management systems. Furthermore, technology companies have contributed to addressing cybersecurity concerns by developing strong systems to protect sensitive court data from cyber threats.
Investment in infrastructure, enhancing digital literacy, and safeguarding legal data would ultimately allow India to build a judicial system that counts on the power of technology to meet the requirements of all its citizens so that delivery of justice is made accessible to all, irrespective of their socio-economic or geographic background.
By Ishan Singh
Ishan Singh is a second-year B.A. LL.B. student at Maharashtra National Law University, Nagpur. His academic interests lie in Constitutional Law and Civil Law, with a particular inclination towards research and writing in these domains. Apart from his academic pursuits, he has a strong interest in reading about contemporary developments in International Relations.
References
1] Lexis Nexis, https://www.lexisnexis.in/blogs/digital-courts-future-of-the-indian-legal-system/, (17th Oct. 2024)
[2] eCommittee, Supreme Court of India, https://ecommitteesci.gov.in/project/brief-overview-of-e-courts-project/, (17th Oct. 2024)
[3] Drishti IAS, https://www.drishtiias.com/daily-updates/daily-news-analysis/e-courts-integrated-mission-mode-project, (17th Oct. 2024)
[4] NIC Informatics, https://informatics.nic.in/files/websites/april-2024/Key-digital-tnitiatives-launched-in-celebration-of-the-supreme-courts-diamond-jubilee.php, (19th Oct. 2024)
[5] Swapnil Tripathi v. Supreme Court of India, (2018) 10 SCC 628
[6] Rishi Prakash, T. Mohanty, Ramji Gupta & Vinay Jain, ICT in Indian Court
Challenges & Solution, Volume-1, Issue-2, IJIC, L. 21, 22, (2011), https://ghconline.gov.in/library/document/conference2728072018/III2ICT%20in%20Indian%20Court%20Challenges%20&%20Solution.pdf
[7] PIB, https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1907543, (22th Oct. 2024)
[8] Manorama Yearbook, https://www.manoramayearbook.in/india/special-articles/2020/09/13/virtual-courts-in-india.html, (24th Oct. 2024)
[9] Times of India, https://timesofindia.indiatimes.com/india/supreme-courts-youtube-channel-hacked-streams-videos-promoting-cryptocurrency/articleshow/113515329.cms, (24th Oct. 2024)
[10] KPMG, https://kpmg.com/de/en/home/insights/2024/03/artificial-intelligence-in-law.html, (26th Oct. 2024)
[11] The Hindu, https://www.thehindu.com/sci-tech/technology/supreme-court-confirms-use-of-ai-in-legal-research-and-translation/, (26th Oct. 2024)
[12] Mahmudul Hasan Laskar, Examining the emergence of digital society and the digital divide in India: A comparative evaluation between urban and rural areas, Frontiers, (27th Oct. 2024 7:15 PM), https://www.frontiersin.org/journals/sociology/articles/10.3389/fsoc.2023.1145221/full
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