THE IMPACT OF DIGITALIZATION IN INDIAN LEGAL SYSTEM

Author:

Niranjana Visalakshi A

5th Year B.COM.LL.B(Hons)

School of Excellence in Law

INTRODUCTION:

Digitalization has had a significant impact on many aspects of society, including the Indian legal system. Digital technology integration has completely changed the way justice is administered, improving the accessibility, efficiency, and transparency of the judicial system. Digitalization is changing the way that justice is provided in India. Examples of this include the introduction of e-courts and online case management systems, as well as the digitization of court records and virtual hearings. This change ensures that justice is more inclusive and equitable by improving the effectiveness of the legal system and expanding access to legal resources and services. Using digital tools to modernize operations and address long-standing concerns like case backlogs and accessibility is a big step forward for the Indian legal system.

THE BACKGROUND OF DIGITALIZATION ON INDIAN LEGAL SYSTEM

Modernizing court procedures, increasing efficiency, and facilitating access to justice are all goals of the multidimensional project of digitizing the Indian legal system. Below is a summary of the major actions and stages that make up this change:

  1. National Informatics Centre (NIC)

Since its establishment in 1976, the National Informatics Centre (NIC) has been instrumental in revolutionising the digitization of the Indian judicial system. In the late 1990s, NIC started working with the judiciary, initiating early computerization efforts in courts, after initially concentrating on computerizing government functions. The E-Courts Mission Mode Project, which was introduced in 2007 with the goal of modernizing the court through extensive ICT infrastructure, marked a turning point. In order to improve openness and enable real-time case data management, NIC created and deployed vital tools including the National Judicial Data Grid (NJDG) and the Case Information System (CIS). In order to maintain the continuity of legal proceedings, the COVID-19 epidemic sped up the implementation of NIC’s digital technologies, resulting in the widespread usage of virtual courts and video conferencing. 

  1. Digital Courts and Online Services

The advent of online services and digital courts in the 2010s marked a critical turning point in the digital transformation of the Indian judicial system. By enabling plaintiffs and attorneys to electronically submit court papers, e-filing technologies have significantly reduced paperwork and expedited the filing process. Concurrently, the advancement of online payment systems made it easier to pay penalties and court costs, increasing the effectiveness and transparency of financial operations. Increasing accountability and transparency by offering real-time access to case status and pendency information, the National Judicial Data Grid (NJDG) has become an indispensable instrument. The introduction of video conferencing tools and virtual courtrooms allowed for remote hearings and guaranteed the continuation of legal procedures, particularly during the COVID-19 epidemic.

  1. Landmark Judgement on  Digitalization of legal system
  • Krishna Veni Nagam v. Harish Nagam :

This was the case in which The Court recognized the hardships faced by both parties in attending court proceedings at a distant location. To address this, the Court suggested the use of video conferencing as a viable solution to ensure both parties could participate in the proceedings without the need to travel.

  • Swapnil Tripathi v. Union of India :

Supreme Court, through the decision allowed live-streaming of Constitutional matters and cases of national importance.

  1. Initiation of Virtual Court System during COVID-19 Pandemic

The COVID-19 epidemic of 2020 hastened the Indian legal system’s digital change, resulting in the pervasive use of virtual courts. Lockdowns and other social distancing tactics forced the judiciary to swiftly adjust in order to maintain the integrity of the legal system. The National Informatics Centre (NIC), which supplied the technical framework required for video conference distant hearings, was important in this shift. Judges, attorneys, and litigants may all take part in proceedings from the comfort of their own homes thanks to the widespread use of virtual courts. This change not only kept the legal system running during the epidemic but also showed promise for long-term gains in judicial effectiveness. By eliminating travel-related delays and hassles, virtual hearings improved accessibility to the legal system. 

The judiciary also embraced video conferencing, particularly during the pandemic, with notable cases such as Salem Advocate Bar Association v. Union of India utilizing this technology. 

EFFECTS OF DIGITALIZATION ON INDIAN LEGAL SYSTEM

By eliminating historical barriers between the public and court records, digitalization greatly improves accessibility by enabling anybody with an internet connection to view a huge database of court decisions, legal papers, and case records from anywhere in the nation. By doing away with the necessity for large physical storage facilities and labour-intensive manual record-keeping procedures, the integration of information and communication technology (ICT) has increased productivity and efficiency. Legal professionals may quickly get and examine case status, judgments, and other documents online, saving time on travel and administrative work. These professionals include attorneys, judges, court clerks, litigants, and other stakeholders. The shift to digital records has also resulted in significant financial savings on the upkeep of infrastructure, storage, and physical archives

In addition, the use of video conferencing in court has lowered travel costs and enabled all parties to participate remotely. Digitized court records and live broadcasting of hearings provide more openness, which in turn increases public confidence in the court and raises understanding of legal rights and advancements. Digital records safeguard the legacy of previous rulings for future reference by offering increased protection against unlawful alteration, destruction, loss, or physical deterioration. Finally, digitization court documents help to offset the environmental effects of excessive paper use by bringing the judicial system into compliance with sustainable principles and fostering a more environmentally friendly future.

CONCLUSION

The digitalization of the Indian judiciary has significantly improved efficiency, transparency, and accessibility. It has expedited case management, reduced backlogs, and enhanced remote access to justice through virtual hearings. Digital tools have also increased transparency by making case information more readily available to the public. However, challenges such as digital divide, cybersecurity, and the need for adequate training and infrastructure must be addressed to fully realize the potential benefits of digitalization in the judiciary.

REFERENCE:

https://www.nic.in/wp-content/uploads/2017/03/organisation-functions-duties-0-2-1.pdf
https://www.drishtiias.com/daily-news-editorials/digitisation-of-indian-judiciary
https://www.freelaw.in/legalarticles/Impact-of-Digital-India-Initiative-on-Legal-Practices#:~:text=The%20launch%20of%20the%20Digital,professionals%20and%20the%20judiciary%20operate.

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