Impact of Technology on Civil Procedure and Court Processes

A third-year BA LLB (Hons) student at SRM University. Read More

ABSTRACT:

The integration of technology into civil procedure and court mechanisms has transformed the litigation landscape, making it more efficient, accessible, and easier to handle cases. Through the use of digitized tools in filing, document management, virtual case hearings, and even remote cases, various physical paperwork is almost eliminated, and cases are processed at a much faster rate. Litigations are less geographically bound, thus accessible to everyone. Additionally, the legal case research and discovery of proof processes have advanced with advanced software solutions for greater transparency and accountability in judicial procedures. The digital transformation, however, exposes individuals to insecurity regarding cyber security and even asks for constant adaptation to new technology. Overall, it is through technology that efficiency is enhanced, accessibility is increased, and innovation is encouraged for successful civil procedures and court processes.

KEYWORDS: Virtual Courtrooms, E – Filing, Artificial Intelligence, Challenges, Digital Transformation in India

INTRODUCTION:

“The Indian judiciary is facing a significant challenge with an overwhelming backlog of civil cases, currently standing at a staggering 11.1 million. What’s even more concerning is that nearly a quarter of these cases have been stuck for over five years. This prolonged wait for justice doesn’t just affect those directly involved; it also undermines public confidence in the legal system. For many individuals, this uncertainty leads to a constant state of doubt and anxiety as they yearn for resolution and fairness.”[1]

A case that exemplifies this disturbing trend is “Ramrameshwari Devi & Ors. v. Nirmala Devi”[2] in which  Dr Arun Mohan appeared as amicus curiae. In a landmark statement, the Supreme Court voiced grave concern over the state of civil litigation in India. The court comments: Here is a paradigmatic example of how the situation put before us today illustrates such a disturbing reality : the judicial system is thus abused by unscrupulous individuals who continually harass not only the opponents but also their families, prolonging suffering and confusion for all.

THE EVOLUTION OF DIGITAL TRANSFORMATION IN COURT PROCESSES:

The digital transformation of our judicial systems has evolved in stages, influenced by technological advancements and an increasing demand for enhanced efficiency. One of the most dominant approaches adopted for handling the pendency of cases is through the use of technology to make the administration of courts more efficient and effective. E-governance in the judiciary is also said to be a strategic imperative by Justice P. Sathasivam, former Chief Justice of India. The SC has also suggested the use of information and communication technology for the smoother transit of cases; and increased transparency, so that cases are disposed of within the prescribed timeframe.

This transformation has gained speed in the last decade, especially due to the COVID-19 pandemic. Technology now forms the bedrock for modern judicial administration, from the electronic filing systems and virtual hearings to AI-driven legal analytics. In India, landmark initiatives in this regard have been the E-Courts project, which has indeed shown the potential of digital tools in making the journey towards increased efficiency, transparency, and accessibility within the justice system smoother. E-courts, the next buzzword of the legal system as part of the Government’s Digital India initiative, is an exciting development.

Early Automation (1990s-2000s):

The first step into the digital landscape was basic automation. Courtrooms began adopting standalone systems for record-keeping, case listings, and scheduling. In India, this era marked the beginning of record digitization spearheaded by the National Informatics Centre (NIC).

Integrated Systems and Networking (2000s-2010s):

This period focused on building cohesive platforms for effective case management. Efforts were made to introduce electronic filing (e-filing) systems and to connect courts via centralized databases. The development of Case Information Systems (CIS) offered litigants, lawyers, and judges a convenient online access point for case statuses and pertinent documents.

Virtual Courtrooms and AI (2010s-Present):

The current phase is characterized by advanced technologies such as artificial intelligence, machine learning, and blockchain. The pandemic catalyzed the adoption of virtual courtrooms, ensuring that hearings could proceed without interruption. Today, AI tools provide valuable assistance to judges in legal research, analyzing precedents, and evaluating evidence.

In India, the judiciary initiated the E-Courts project in 2007 as part of the National e-Governance Plan. This initiative aims to enhance the efficiency of the judiciary through IT solutions, moving us toward a future of paperless courts and streamlined online dispute resolution platforms.

“Over the past three years, we’ve made significant investments to enhance our digital infrastructure.”[3] Here’s a snapshot of the funds that were allocated during this time.”[4]

TRANSFORMING COURT PROCESSES WITH TECHNOLOGY: A HUMAN-CENTRIC APPROACH:

The world of justice is evolving, and the judiciary is embracing technology to tackle longstanding inefficiencies. These digital transformations are not just about modernization; they’re about making the legal process more accessible, efficient, and user-friendly for everyone involved. Here are some key innovations that are reshaping court processes:

1. Electronic Filing Systems (E-Filing):

Imagine being able to submit your legal documents from the comfort of your home instead of waiting in long lines at the courthouse. E-filing allows lawyers and litigants to file case documents digitally, making the entire process smoother and more efficient.

Benefits:

• Speed: No more administrative delays.
• Accessibility: Easy access to court records whenever you need them.
• Cost-Effective: Saves money on printing and travel expenses.

Example in India: The Delhi High Court has launched an e-filing platform that lets individuals file cases and track their progress online, making it easier for everyone involved.

2. Virtual Hearings:

The pandemic has changed how we connect, and courts have adapted by using video conferencing tools for hearings. This innovation has made it possible to conduct legal proceedings without everyone being in the same room.

Benefits:

• Convenience: Litigants from remote areas can participate without the burden of travel.
• Efficiency: Fewer adjournments due to logistical issues.
• Cost Savings: Reduced expenses for all parties involved.

Example in India: During the COVID-19 lockdown, the Supreme Court of India and various High Courts successfully held virtual hearings, ensuring that justice continued to flow even in challenging times.

3. Online Dispute Resolution (ODR):

Resolving disputes can often be a lengthy process, but ODR platforms are changing that. These platforms allow parties to settle their differences through online mediation or arbitration, eliminating the need for in-person court visits.

Benefits:

• Speed: Quicker resolutions for disputes.
• Accessibility: Particularly beneficial for low-value disputes, such as consumer or family cases.

Example in India: Platforms like SAMA are becoming popular for resolving commercial and family disputes online, making the process more straightforward and less intimidating.

4. Case Management Systems (CMS):

Managing a legal case can be overwhelming, but CMS tools are here to help. They automate routine tasks like scheduling and notifications, allowing legal professionals to focus on what matters—serving their clients.

Benefits:

• Efficiency: Easily track case progress.
• Organization: Automated reminders help keep deadlines on track.

Example in India: The Integrated Case Management Information System (ICMIS) used by the Supreme Court streamlines the workflow for handling cases, making it easier for everyone involved.

5. Artificial Intelligence (AI) and Machine Learning:

AI is making waves in the legal field by assisting with legal research, analyzing evidence, and even drafting judgments. Predictive analytics can provide insights into case outcomes, helping lawyers and clients strategize effectively.

Example in India: The Supreme Court has introduced the AI-based portal SUPACE, which aids judges in analyzing case records and legal precedents, enhancing the decision-making process.

“Digitalization of courts in India began in the year 2006, which was an initiative for a green nation, but the shift towards digital/virtual courts came with COVID-19. The pandemic thus provided a context for the complete usage of e-governance in the judiciary arena, and digital justice is being taken care of by setting up e-courts in different regions of the country.”[5]

Many legal tech start-ups have been launched that provide services like legal research and legal automation systems for documentation. The digital identity projects have already laid down foundations for secure identification verification. The change was also made easier due to the initiatives of legal technology presented by Bar Councils. This shift also provides legal aid to the marginal section of society through organizations like the National Legal Services Authority through their digital platforms. “The day the courts went online, the Supreme Court permitted the plaintiffs to present their cases through the Video apps. Several High Courts of different States utilized their technology for court hearings by video conferencing.”[6]

SOME OF THE CHALLENGES INVOLVED  IN ADAPTING DIGITAL TECHNOLOGY:

 This change in the justice system technology landscape has opened wonderful opportunities for courts to improve how they work. New technologies can help improve case administration and make services more accessible as well as increase transparency in everyday procedures. On the other hand, getting those electronic solutions up and running isn’t always easy; it entails numerous challenges and hurdles to overcome. Some of them are:

• “In our established e-Court system, we anticipate generating nearly 85,000 files each year, which will amount to around 1.3 terabytes of data. It’s crucial to understand that losing even a single file could jeopardize the integrity of the entire system. For many, this could mean that important records become unreliable and invalid in a judicial context.
• Currently, we use the H.264 video format along with AES encryption for our video recordings. However, as technology evolves, we may need to upgrade or change this format in the future. Therefore, it’s essential to develop a flexible methodology that ensures our system can adapt to ever-changing media formats and codecs.”[7]

CHALLENGES AND PROGRESS IN THE DIGITAL TRANSFORMATION OF INDIA’S JUDICIARY:

The Indian judiciary’s journey toward digitalization has been marred by numerous challenges as well as ‘overwhelming happenings’. In the subsequent paragraphs, let’s explore some of these challenges and progress in detail

1. The Digital Divide:

In many rural areas, the lack of digitally literate infrastructures stands as one of the main challenges to accessing technology-driven legal solutions. E-filing systems or virtual hearings can be daunting for many litigants and lawyers. This digital divide leaves some people out of touch with the justice system.

2. Data Privacy and Cybersecurity:

As we embrace the digital platform to store sensitive cases, we also open up the gateway to potential cyber threats. Such data must be completely secured because a breach could lead to loss of personal as well as legal information.

3. Resistance to Change:

The judicial is deeply traditional in its operations and this can often raise resistance to embrace the new. At the bench, judges, lawyers, and sometimes court clerks might be alienated or intimidated from adopting digital tools. This move slowly updates modernization processes in our justice systems.

4. Legal And Ethical Concerns:

Important questions about transparency and accountability arise from the use of AI in decision-making.”  Our legal frameworks must be rethought to ensure that digital evidence is admissible and verifiable. There are ethical dilemmas as well, striking a balance between the benefits of automation with the need for human oversight in judicial processes.

5. Infrastructure Challenges in India:

The array of vast and diverse population in India poses challenges unique unto itself in digitizing transformation. Power outages, limited internet connectivity, and inadequate training for court staff lead to effective usage of the judiciary.

RECENT EXAMPLES OF DIGITAL TRANSFORMATION IN INDIA:

Even with such limitations, India has made great strides forward in modernizing its judiciary through technology:

1. E-Courts Project

Launched in 2007, the E-Courts project works on digitalizing court records and making available e-filing and virtual courtrooms. So far it has –

• Computerized over 18,000 district and subordinate courts.
• Launched online services for tracking case status and judgments.
• Reduced the number of pending cases through automation workflows

2. Virtual Courts for Traffic Violations:

Dedicated virtual courts have been set up to handle all the traffic violation cases efficiently. There, one can now pay fines online without visiting a physical courtroom, thus bringing down the case pendency to a considerable extent.

3. SUPACE AI Tool:

SUPACE: Supreme Court Portal for Assistance in Court Efficiency It is an AI tool that has been introduced by India’s Supreme Court to assist judges in navigating large quantities of case data more efficiently. This innovation will aid the judges in their decision-making processes.

4. National Judicial Data Grid (NJDG)

The NJDG is a centralized platform that displays the cases that are pending and also those that are solved across the states of India. This application has brought about transparency, where policymakers can flag inefficiencies within the judicial system.

5. Online Dispute Resolution (ODR)

The SAMA and Agami Online Dispute Resolution platforms have catapulted an accelerated adoption curve, having effectively resolved thousands of cases through digital mediation. This undoubtedly shows the great power of technology in rendering justice even in challenging times.

CONCLUSION:

Despite some stiff uphill battles, the potential of judicial reform in India with digital transformation is promising. Filling in the gaps of digital divide, enhancing data security, and fostering innovation will only help us walk further along the path toward a more accessible and efficient justice system for all.

REFERENCES:

1. https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1896034
2. https://link.springer.com/chapter/10.1007/978-981-97-1060-7_8

[1] https://hansard.parliament.uk/commons/2024-07-22/debates/67C8D6FC-BDA4-47FF-BECC-537443D53120/EconomyWelfareAndPublicServices

[2]https://www.wbja.nic.in/wbja_adm/files/Supreme%20court%20direction%20in%20Ramrameshwari%20Devi%20case%20as%20to%20how%20prevailing%20delay%20in%20civil%20litigation%20can%20be%20curbed.pdf

[3] https://www.internetforall.gov/blog/three-years-high-speed-internet-infrastructure-investment

[4] https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1896034

[5] https://www.lexisnexis.in/blogs/digital-courts-future-of-the-indian-legal-system/

[6] https://www.lexisnexis.in/blogs/digital-courts-future-of-the-indian-legal-system

[7]https://ghconline.gov.in/library/document/conference2728072018/III2ICT%20in%20Indian%20Court%20Challenges%20&%20Solution.pdf