There are different levels of jurisdiction in India. There are different types of courts, each with different powers depending on its level and authority. These form a strict hierarchy based on the order of the courts they belong to. At the top is the Supreme Court of India, followed by the High Courts, and the district courts are supported by lower courts. The courts hear criminal and civil cases, including disputes between individuals and the government. According to the Constitution, the Indian judiciary is independent of the executive and legislative branches of the government.
A large number of people are still waiting before the Supreme Court and other lower courts to defeat the fundamental purpose of judicial review. Justice delayed is justice denied. Judges are unable to attract the best legal talent because of the disparity between what young lawyers earn and what judicial officers earn. In order to attract the necessary skills for the participation of judges, the system should improve their services, especially first instance judges. Unjust scandals in recent years have damaged the reputation of the judiciary. Working conditions in lower decision-making bodies are poor. Any adjustments made should be holistic and not isolated. It poses a serious threat to the rule of law and democratic governance of the country. The large number of complaints in the courts, the reluctance of lawyers to serve as judges and the inability of high court experts to complement the staff of the high court are serious problems.
The world has changed dramatically in the last two years, and digitalization is the driving force behind this. The emergence of new technologies has transformed the way we do business and access services, transforming entire industries from banking to healthcare. With its ability to enrich and enhance experiences, digitalization has become a buzzword today. There is no doubt that new technologies will play an important role in the development of the country. Although change may cause some concerns, it is our responsibility to maximize potential, analyze and reduce risks, and provide solutions to problems that may cause significant obstacles to change.
Emerging technologies
Court proceeding’s digitalisation- Digitalization of the court system provides many benefits such as efficiency, speed, transparency, cost savings, improved information management, improved legal research, telephone communication, digital recording, improved insurance, improved security, online problem solving and data analysis. Electronic filing reduces the time and effort required for physical filing, while automated records management processes support administrative processes. Remote access and 24/7 availability provide convenience to all parties involved in the case. Digital records create an audit trail, increase accountability, and reduce the risk of data being compromised or lost. While digital libraries and archives provide digital legal resources, artificial intelligence tools help identify precedents and legal documents. Online dispute resolution facilitates mediation and resolution, making dispute resolution easier and more efficient. Artificial intelligence and machine learning also enable data analysis and decision making to assist judges and lawyers in making decisions.
Confidentiality- Blockchain technology can help ensure the security and transparency of court documents. Using blockchain can help prevent tampering, maintain data integrity, and ensure court records are secure and accessible only to authorized users. and written security.
Machine learning and AI -Counterfeit insights and machine learning can offer assistance in analysing endless sums of information, distinguishing designs, and foreseeing outcomes. Several SC and HC judges have perceived the esteem and proposed that AI apparatuses be presented to improve the effectiveness of the equity conveyance framework both in terms of quality and quantity. Currently, the courts have actualized two instruments Supreme Court Vidhik Anuvaad Software (SUVAS) and Supreme Court Portal for assistance in court efficiency(SUPACE) in its systems. SUVAS is an AI-enabled interpretation device for transformation of orders/judgments to vernacular dialects, whereas SUPACE is being created to operate as an AI Inquire about Collaborator instrument.
Challenges of technologies in transforming judiciary
In spite of the numerous benefits of machine learning and AI, there are moreover a few imperative challenges that have to be be tended to. One of the greatest challenges is guaranteeing that these advances are reasonable and impartial. Since machine learning calculations are prepared on huge sums of information, they can incidentally perpetuate the inclinations that are display in that information. This could lead to out of line or unfair outcomes. One major challenge is the accessibility of high-quality information. Machine learning calculations depend on huge sums of information to memorize and make forecasts. Be that as it may, getting high-quality information can be troublesome and time-consuming. Information may be fragmented, conflicting, or one-sided, which can contrarily affect the execution of the machine learning show. Furthermore, the information may not be agent of the real-world environment in which the show will be utilized, which can lead to destitute execution when the show is deployed.
A encourage challenge is the complexity of the models themselves. As machine learning models gotten to be more progressed, they can get to be progressively complex and troublesome to get it. This may make it troublesome for professionals to decipher the comes about of a demonstrate and make choices based on those comes about. Furthermore, complex models can be more troublesome to debug and optimize, making it challenging to move forward the model’s performance.
Another challenge is the capacity of the show to generalize to modern information. A show that’s prepared on a particular set of information may not perform well when displayed with modern, inconspicuous information. Usually known as overfitting, and it can be troublesome to address without extra information or adjustments to the model. There are too moral and societal challenges to consider. As counterfeit insights gets to be more modern, there are concerns around its affect on protection and responsibility. For case, as more information is collected and analysed, there’s a chance of security infringement and the abuse of information. Guaranteeing that fake insights is created and used in a capable and moral way is significant to its long-term success.
Another challenge is interpretability, as machine learning models are frequently considered as “dark boxes” which it is difficult to get it how they make their forecasts. This will make it troublesome to believe the comes about of the demonstrate, especially in delicate ranges such as restorative conclusion or credit chance evaluation.
Information and communications technology (ICT)
Information and Communication Technology (ICT) has played an important role in changing the role of the court, making it efficient, transparent and accessible. Here are some ways ICT helps in court such as Electronic Filing System in which it can submit documents electronically, thus reducing paperwork and physical work. When sending information electronically, you need experience and time to write. Track data progress, deadlines, and due dates to ensure timely updates and minimize delays. Yes, the hearing can continue without receiving information from anyone. Witnesses and experts can save time and travel costs by testifying remotely. storage and management. Data retrieval efficiency as it provide instant updates of events and decisions online to keep stakeholders informed. It includes legal documents, laws and regulations, and important documents. NJDG provides a comprehensive database of court wide documents to support decision-making and legal development. Monitor performance, identify discrepancies and implement corrective actions.
Abstract
This article deals about the the problems faced by the judiciary in earlier times as the time required to resolve the dispute was a lot more as every task was done manually and this also increased the burden on the courts. So to increase the efficiency of the courts and help to come to the judgement within no time the help of technology is required. This article deals with how the technology can easily transform the judiciary and the challenges which the judiciary can face due to the technological development.
Case laws
Swapnil Tripathi v Union of India
The need for live streaming of court procedures was highlighted amid the widespread, as courts worked on virtual stages and citizens had no coordinate access to it. In Swapnil Tripathi v. Union of India, in order to provide transparency and make it more noteworthy the Supreme court has supported the telecasting of the court procedures within the court.The chairperson of e Committee, Supreme Court of India had constituted a sub-committee to outline the Demonstrate rules of Live streaming. These rules have been surrounded and circulated by e Committee, Supreme Court of India to all High Courts for better execution of live streaming of court procedures and are accessible on the site of e Committee, Supreme Court of India.The rules & method for live streaming of court procedures in individual High Courts is an regulatory matter of the concerned High Court that falls inside the domain of the said High Courts and the Central Government has no direct role to play within the matter. The High Courts of Gujarat, Guwahati, Orissa, Karnataka, Jharkhand, Patna and Madhya Pradesh has begun the Live Streaming of court procedures on 17.07.2023 and in this way permitting media and other interested people to connect the proceedings. This data was given by the Union Minister of Law and Justice, Shri Arjun Ram Meghwal, in a composed answer in Rajya Sabha.
Conclusion
The emerging technology will be a great tool for doing the court work smartly and in easy and efficient manner. The technology will be a boon for the future in various aspects and works related to various courts such as Supreme court, High Court, district court and other subordinate courts. So each and every person in the legal field should accommodate themselves with all the necessary skills so that they can go along with the process and help the indian judicial system.
FAQ
1. How does the technology helps in transforming the judiciary?
The emerging technology provides transparency, accountability, reduces the paperwork and helps in solving the dispute in less time as compared to the earlier process of judiciary where everything is to be done on a manual basis.
2. Where should this technology be implemented?
The technology should be implemented in various courts such as Supreme court, High courts and various subordinate courts.
3. Is there any need for lawyers to adapt to new system?
Yes, the lawyers and judges every person concerned with court work should expand their skills and learn every small things required in order to excel and help with the case proceedings to go smoothly.
Name – swati
College- Asian law college, noida
