Trends in Global Reforms in Judicial Services and their Influence on Indian Policy Making
Hierarchy of Court System in India – a brief overview
ICT in Judicial System – a Brief Historical Background
Genesis of eCourts Project
The Timeline
The eCourts System – Process View
The National Judicial Data Grid (NJDG)
Key Achievements
Current State of Public Technology Infrastructure for E-Courts (as in 2022)
Emerging Technologies and Challenges facing eCourts Project
Wrap-up and Conclusion
References
Exhibit
Introduction
Evolution of E Courts as a Citizen-centric Digital India Initiative
India built its judicial System on three tenets – the first, the principles of natural justice that evolved over centuries of traditions, governance models of various eras, and the historical build of human values that guided Indian civilization. The second, the introduction and adoption of British judicial systems while British ruled the country, along with the bureaucracy that got intertwined into the executive, legislative and judicial wings of the government as enshrined in the constitution of India. The third tenet, a vastly educated judicial fraternity which enriched the judicial administrative machinery through various systems, processes and ecosystems across various justice dispensing institutions within the administrative setup along with judicial institutional machinery.
The well-structured, process driven and systematic functioning of the Indian judicial institutions faced a different challenge as the first fifty years of independent India have passed by; the ramifications of population explosion, and implicit burgeoning of cases beyond the current load bearing capacities of the institutions in justice delivery. The opening up of Indian economy to the world and allowing the processes of liberalization, privatization and globalization changed the pace at which the country moved, and the advent of technology driven economy started taking shape. The apex court of India noticed the same and with a visionary eye, sounded the Government of India about the need to redefine the national policy to adopt and embrace technology driven futuristic solutions into judicial institutions of our country.
One of the major challenges that existed and continue to exist even today, is how to reduce the time and fast-track the judicial resolution of disputes and litigation trial processes by the judiciary. To streamline the judicial process and help courts pronounce verdicts and encourage speedy disposal of cases in courts, the Supreme Court of India, in collaboration with the Government of India, initiated and adopted several measures to introduce and
India started working in computerization of judicial processes and systems as early as 1984 by slowly introducing computers in various walks of life, including the Ministry of Judiciary and Supreme Court. The Indian history of adoption of technology in various fronts is coterminous with the computerization of all work processes in the judiciary of the country as well.
The modern India’s judicial ecosystem started getting shaped with the advent of Mayors’ Courts established by the British East India Company in 1726 in Bombay, Madras and Calcutta and later by the setting up of Supreme Court in Calcutta on the basis of the Regulating Act of 1773. The Charter Act of 1833 provided the basis for bringing in legislative and judicial reforms in the country, by the Governor General of the country. Subsequently High Courts were set up in 1862 in some of the major Provinces of British India.
The Common Law System was introduced by the British to run the judiciary and it was mainly built based on judicial precedents. As the country gained its independence and fashioned itself with the Constitution of India to guide its governance and country’s sovereignty, the same became the supreme guiding pillar for judiciary of the country. The Constitution specifically envisioned a single and unified judiciary for the country. The judicial system in the country is built on a three-tier system, with Supreme Court at the highest echelons, each state having its High Court and at the district level, the district and sessions courts and their sub-courts in various taluks or revenue divisions of the districts handle the grassroot level legal services and justice delivery systems.
By the early 21st century, the country started facing two challenges, one, burgeoning of court cases and the enormity of the case scope on one side and the futility of using manual systems in managing the court systems and legal and judicial services at all levels on the other. This prompted the Supreme Court to move to creation of a specialized committee that was entrusted to look into the issues and the opportunities and solutions that are emerging to overcome the exploding growth in citizens seeking judicial services and legal assistance from courts to resolve their legal problems. As we know, the result of these initiatives today is found in eCourts Mission Mode Project and the resultant digital India Initiative, eCourts Portal.
Starting with one of the simplest and most voluminous job of disposing of traffic challans to listing of cases in courts using a RDBMS based case databases of a particular court to building an aggregator of judicial activity in three fronts – petitioners/litigants; legal service providers; and judicial administrators from across all tiers of the courts had been a saga of the country’s progress till the onset of Covid -19. Exhibit 1 gives a summary status of eCourts Project as at the end of 2019. The outbreak of the Covid-19 pandemic necessitated more thrust on the use of the Internet and virtual courtrooms. During and Post covid, India placed a thrust in addressing a multitude of technological reforms and increased the use of technology in court proceedings, driving a multitude of benefits to overcome the lockdown challenges, bring judiciary nearer to citizens and offer automated services to all three key stakeholders – litigants, lawyers, and judges alike. Exhibits 2, 3 and 4 show us real-time availability of summary of all cases handled by the Indian Judiciary and the progress in judicial service delivery on the eCourts Portal.
Trends in Global Reforms in Judicial Services and their Influence on Indian Policy Making
Trends in Global Reforms in Judicial Services and their Influence on Indian Policy Making
Many studies articulated how different countries had taken the initiative to use ICT in their judicial bodies. Some of the most noticeable efforts made to make judicial systems and processes online may be depicted as below.
European Union (European Case Law Identifier ECLI)
The rationale behind this initiative is to provide uniform metadata for case laws. It means, once a court need to find a question of law, they are advised to look for similar cases that have once been pronounced by other courts inside Europe. For Example, if a case is raised in Italy and the court there is unable to find a satisfactory solution, then they can refer similar cases in the member countries of Europe.
United States (The United States Supreme Court Database, SCDB
SCDB was created and made available for the public in the year 1980. From that time onwards, the database is subject to correction, and numerous improvements were introduced. It provides all the necessary information for researchers in law professionals, humanists, policymakers, journalists, and even some social scientists who make use of this database. The data includes every single vote by a Supreme Court justice in all his argued cases for the last five decades.
Brazil
The justice system in Brazil consists of three categories; individual initiatives, computerization, and virtualization. In the first phase, court members need to select all the instruments he or they would like to utilize. It became ineffective and was highly fragmented. To bring its entirety, multiple channels were built in the second phase and the third phase, the phase of virtualization unified all information systems. However, the Brazilian system has it’s own take on how well it worked and how they are improvising the entire ecosystem based on the field conditions.
Belgium
Belgium also experienced the issues of ground level failures in synchronization of the operations and the computerised databases utilization and the overall creation of infrastructure – both hard and soft.
Singapore
The system was better placed by carefully implementing technology in a phased manner, utilizing technology in solving low-profile court cases of traffic offenses. By 2002, around 50% of their entire judicial functions were computerized, which was a tremendous achievement. They outsourced many support systems so that the procedure is within the budget.
Other countries Initiatives
The role of ICT in the Malaysian judicial system is discussed in (Bhatt, 2005). Open government initiatives by Kenya are discussed in (Monica, 2016). an e-Judiciary platform for a rural community in the Eastern Cape Province of South Africa is described in (Scott, 2010). However, the ideas are at a much higher level and their exact implementation has not been discussed.
Hierarchy of Court System in India – a brief overview
Hierarchy of Court System in India – a brief overview
The court system in India may be described as a three-tier hierarchy based on their jurisdiction and power. The topmost layer or most popularly called “the court of the courts” is the Supreme Court of India Followed by the High Courts, the highest authority at the respective states. The lower court or District Court is the third in the row, below the high courts. To get legal assistance, one should follow this hierarchy, which means one cannot bypass and go direct to the supreme court, except in some extreme situations. (Exhibit 5).
ICT in Judicial System – a Brief Historical Background
ICT in Judicial System – a Brief Historical Background
The first effort to computerize the judicial system in India started in the year 1990. In 1995, 28 courts, accounting for 16.8% of the total 166 courts were connected to the network. The impetus was beyond comparison. It was hailed by all legal fraternity as it brought tremendous changes to judicial systems in India. The action plan for Phase II of eCourts got approved in the year 2014 to establish computer-run systems in court. Server rooms were installed on court premises. High courts supervised the procurement of computers and hardware as the e-committee continued integrating the project under NeGP (National eGovernance Plan) that ensures uniformity in services across the country. it helped the court to provide unified and centralized services with minor changes between states.
Genesis of eCourts Project
Genesis of eCourts Project
Carefully looking at the issues on hand and the implications of the reforms though judicial, technological, and competency level reforms, Supreme Court established the eCommittee to study the challenges in its entirety and come out with plan. The result is the Mission Mode Project that became operational in the name of eCourts Project, resulting in operational eCourts Portal today.
The Government of India and Supreme Court of India launched the eCourts Mission Mode Project for implementing the National Policy and Action Plan for Implementation of Information and Communication Technology (ICT) in the Indian Judiciary in 2005. The Project envisaged pursuing and achieving the following goals.
To provide efficient and time bound citizen centric services delivery as spelt out in the eCourts Project Charter
To develop, install and implement decision support systems in courts
To automate IT processes to provide transparency in accessibility of information to its stakeholders
To enhance judicial productivity, both qualitatively and quantitatively, to make the justice delivery system affordable, accessible, cost effective, predictable, and transparent.
The implementation of the above policy proposals under the eCourts Project was planned in three phases. The first phase, between 2007 and 2015 focused on creation of hard and soft infrastructure across the country, by way of computerization of District Courts. This was supported by exercises in change management, training of judicial officers, launching of court wise websites and development of Case Information System (CIS) and its successful deployment through the courts at district and state levels.
The Second phase that began in 2015, focused on fortification of infrastructure, placing the High Courts as the implementing agency for their area of jurisdiction and adoption of cloud computing technologies to augment the infrastructural efficiencies and responsiveness as well. The second phase also brought in implementation of Free and Open Source Solutions (FOSS), which is a first anywhere in the world in judicial system reforms and technology adoption levels.
The second phase was and is a very critical and Impactful pursuit, as it addressed the connectivity of jails with courts; offering video-conferencing facilities for under-trial prisoners as an expanded scope for the eCourts services. National Judicial Data Grid has been augmented and improvised, and the courts’ websites are to be accessible compliant and bring in local language access as much as possible. Information Dissemination services, by mobile phones, electronic mails, SMS and by way of standalone Kiosks at every court complex; offering the documentation services and payment services using online portals and gateways as the technology evolved in those directions too. This phase also focused on augmenting the already launched national portal, called ecourts.gov.in.
The Third Phase of eCourts Project is also significant in addressing the advanced technological solutions by ways of online analytical processing, deployment of business intelligence tools and culminating in creating an overarching aggregation of multiple databases in to comprehensive judiciary information management system. The Citizen Charter gives an idea of the services a fully operational eCourts Portal and the background machinery of the eCourts services on Exhibit 6. The contemplated mobile app and the services on the mobile app are showcased at Exhibit 7. The Judicial Management Information System, it is intended to serve as the nerve center for policy makers as the core decision support system. A brief summary of the eCourts Project and the functioning of the eCourts Portal show the digital evolution of the Indian Judiciary through by the below stages:
1. Phase 1: Digital Planning or Preparation Stage: As the first stage of digital transformation, expert committee had to evaluate the present scenario to establish a comprehensive strategy for digital transformation. it involves digitalization of existing business process; use of technology to automate the manual process; and identify the areas where to make use of cloud technology and assess whether it is is efficient, cost effective and whether it improves the operations of the courts and assess the trade-off between substituting or retaining the present server based local databases management processes. Knowing that these could reduce a great amount of money spent by the ex-checker, the implementing agencies – MeITy, NIC and Ministry of Justice and Supreme Court of India had to address several tough questions and find the answers with the help of new technologies on a small scale and gain deeper understanding of the potential benefit and build contingency plans to face any configuration level/ planning level/ implementation level challenges that may emerge. Provision for computerization of offices of district courts, Taluk Courts; Provision for training and Capacity Development; and nurturing of local and state level and national level service providers to seamless implementation of the project were also addressed in the first phase.
2. Phase II – Grounding, Learning and Scaling the Digital Judicial ecosystem – The Growth Stage: this is the second stage of implementation and is the result of careful planning done in the first phase. so it can also be called as “sail of stage”. in this stage, India’s Judicial Organizational Ecosystem – commencing from District Courts and flowing upwards upto the Supreme Court of India, all organizations began to scale up their digital initiatives and establish a more comprehensive strategy for digital transformation. started to augment the infrastructure of District, taluk and National level courts; build capacities of all stakeholders and direct users; develop software applications and adopt the same using FOSS and streamline their operations and assure the outcome based delivery. A separate team was set up to digitize old court cases and build digital archives, so that it can be easily assessable for the public and the legal fraternity.
This stage also involved a significant investment in digital technologies and a more robust focus on organizational change management. All the court complexes are connected with Jails for video conferencing. the main purpose is to use this facility to record evidence in sensitive cases and gradually extend to many types of requirements as possible. With an emphasis on Capacity building of Judicial Officers, Judicial management system including a vast and integrated Library management system was set up. FOSS, a free and open source solutions software developed by NIC Pune is implemented to bring unified national core, according to the requirements of High courts that ensured software compatibility
3. Phase III Digital Data Integration Stage: Government of India has allocated Rs 7,000 crore for the third phase of the eCourts Project according to the times of India report published on May 3rd 2023. The mission is to digitalize the of eCourts through technology by creating comprehensive digital infrastructure and incorporate all the services of court accessible through the infrastructure. It is expected to improve the efficiency, transparency of the court system and meet the fourth goal of the eCourts Project.
This phase deals with mainly four aspects of technology deployment. a) Digital Case registry: Creating and maintaining the case registry that encompasses all courts across the country. Information of all courts are unified with standardized case identifiers. it helps to create a unified repository of all cases of the country and offers ease of access and availability of information from anywhere to a user; b) Comprehensive repository of case law – A unique national database of case laws that can be made accessible through eCourts website is developed and made operational; c) Secured documents – The documents derived from the digital machinery are accessed in a secure and tamper proof manner using digital signatures and application of blockchain technologies; and d) Intelligent Scheduling – AI based scheduling table for judges, lawyers and litigants to increase efficiency and reduce court adjournments.
4. Phase IV – Deployment of NextTech, for future ready, intuitive and user driven eCourts Services This phase is an emerging and evolving phase, whose full scope will become understood based on the technology leadership that emerges during 2025s. Needless to say, it is technology-driven, involves the adoption of existing and emerging technologies to further improve the court’s operations and services. These technologies to include Artificial Intelligence (AI), Machine Learning (ML), Natural Language processing (NLP) and other digital tools that can help analyze data and provide insights that can ease and enhance the decision-making by judiciary, legal service providers, litigants and common citizen, besides augmenting the policy makers’ vision to drive future-ready country to emerge as a global leader.
To sum-up, the visualization of the eCourts Project as the Digital Transformation of courts in India, driven by a holistic vision, passion to enhance Government to Citizen (G2C) Services and enable Digital India to be in the forefront of socio-economic and technologically developed countries. Although it may appear to be a cascade of complex processes, they are driven by a clarity in Strategic Vision for the country. The total budget earmarked for the project is shown in Exhibit 8.
Critical aspects of implementing eCourts Project
The Policy and Action Plan Document of Phase-II of the eCourts Project summarizes the key challenges that the Government of India, Indian Judiciary faced together and independently, while pursuing the introduction of computers, development of hard and soft infrastructure and people competencies.
These may be noted as below:
Evolving a project implementation model and institutional structure for ecourts project;
Identification and development of hardware, software and a Pan-India systems network that is seamless and real-time
Digitally driven judicial services development and deployment
Judicial process re-engineering
Work-flow and automation design and development
Development of people, their capacities and service orientation and
Making the entire project future proof.
In order to understand and appreciate the above challenges, a perspective on the Indian Judicial System may be worthwhile to refer at this juncture.
Digital Transformation of Court Proceedings
The digital transformation of governmental operations is driven by the digital India initiatives at every walk of life, through various initiatives of almost every Ministry and Department run by the government, and followed up at state level with various supportive policy measures. The process of digital transformation involves several stages, pursuing intrinsic changes and re-engineering of processes and outcomes to suit and meet futuristic needs of the country and government.
Progress and accomplishments at the end of the Phase I and II
The eCourts project owes its genesis to the forays made by IT sector in the country and the initiatives of computerization can be traced to the evolution of the IT sector in the country. A snapshot of the time line related to eCourts gives us a glimpse of how the eCourts project and the current scenarios evolved.
The Timeline
The Timeline
The Planning Commission recognized computerization as part of judicial infrastructure by initiating the upgradation of computerization in High Courts – 1992–1996
30 district courts were computerized by the NIC through funds from the Ministry of Information Technology – 1997
In parallel, several state governments, led by Karnataka, attempted computerization at district level – 1990s
Complete computerization of 27 district courts began with Nanded district in Maharashtra – 1998
A centrally sponsored scheme for judicial infrastructure funded the computerization of 700 city courts in Delhi, Kolkata, Mumbai, and Chennai, and 900 courts in state capitals or cities where High Courts were situated – 2003–2004
The e-Committee to formulate a national policy on computerization of the Indian judiciary and advise on technological, communication, and management–related changes was constituted on 28 December – 2004, 2004
Funds were released for computerization of 3,475 district and subordinate courts through 100 percent central funding – 2004–2005
The e-Committee submitted the first National Policy and Action Plan for the Implementation of Information and Communication Technology in the Indian judiciary, eventually resulting in the e-Courts Project – August 2005
The Project for Information and Communication Technology Enablement of Indian Judiciary was launched -October 2005
The Department of Justice identified 14,948 subordinate courts for computerisation in three stages – October 2005
Computerization of courts was delinked from the centrally sponsored scheme for judicial infrastructure and converted to a Central Sector Scheme, with 100 per cent central funding, and Rs 600 crores were allocated to this scheme in the 11th Five Year Plan – 2006–2007
NIC was approved as the implementing agency for the first stage of the e-Committee’s National Policy – 2007
Approval was given to computerise 14,249 courts in 3,069 court complexes, along with provision of requisite connectivity for case data to be collected and made available on a national portal by 31 March 2014 – 2010
By the end of Phase 1, about 95 per cent of the project activities were completed in terms of hardware provision and service delivery – March 2015
Phase 2 of the e-Courts Project approved – July 2015
eCourts Project Phase III is approved as a Central Sector Scheme spanning four years 2023 – 2027 with a financial outlay of Rs.7210 crore. – April 2023 (Source: Compiled by case authors from various sources listed in references)
The eCourts System – Process View
The eCourts System – Process View
eCourts project is built based on the process view developed and pursued in introducing the technology solutions. (Exhibit 7). It consists of the below sub-systems:
Digital Case Management System Every cases will be filed under secured digital case management system. it will give improved access to litigants in digital courts. and take printouts that are secured through blockchain technology and e signature.
Pre-filing Prefiling is the first stage of starting a litigation. it is done by lawyers by creating a profile for the case by entering the case details, cause of action and value if applicable
E-filing E-filing system can be activated by filing and making the necessary payment to the prefiling. after proper scrutiny and review, the system will take up the case and register in the system.
Issuing notices/summons Immediately after E-fling of the case, electronic notifications will be sent to both parties using in use templates. the templates will have the date of first hearing on which both parties need to attend the session online without coming to the court room.
Open digital hearing Both parties can attend the hearing virtually using video or audio hearing. transcriptions and the voice recordings of the proceedings will be uploaded in the system which both parties will have full access to take copies.
Service of Notice An automated email/sms will be send that include details about receipt confirmation, integrated fee payment and compliance alerts.
Judgements After hearing and cross examination virtually, judges will pronounce the verdict using the in use templates and will be send to the litigants. they will be provided with the option of Appeal or review. Remote digital assistance will be provided for the required litigants through a helpdesk with copies of orders/judgements in their vernacular language.
Final judgment If neither parties wish for appeal, review or revision, the court enforce the execution of the order online. compliance with the order will be recorded and acknowledged in the portal. interoperability with the database can help to verify the compliance easily.
Administration of Legal Aid Legal assistance for the needy can be given and will be enhanced through this case management system.
The National Judicial Data Grid (NJDG)
The National Judicial Data Grid (NJDG)
NJDG is envisioned as the flagship project of the e-Committee. It is intended to help to track the pending cases, ensuring transparency and porting the information available in the public domain. It is to function as a monitoring tool through which one can see the number of cases disposed of and filed in a particular period. NJDG provides consolidated figures of cases instituted, disposed of, and pendency of the cases in all courts across the country. These statistics are updated every day. Data uploaded can be accessed and downloaded in the public domain. National Judicial Data Grid helps analyze and understand the number of pending cases on different streams with exact breakups. NJDG further supports understanding and assessing a typical time period for the disposal of different court cases.
Key Features of NJDG
An efficient algorithm for pending cases.
All the cases listed for a day will not be heard and not all of them will get a chance of hearing on that day. According to Time Motion Study, only 6 out of 50 listed cases were heard. NJDG helps track a record of these pending cases.
It is a supporting tool to reduce the number of pending cases.
Visualization of similar cases helps the judges to have a proper study and gets prepared. Judges can also visualize the relationship between related cases and can be scheduled together, saving a lot of time.
NJDG is designed to help common people, especially, those approaching courts for solutions, in almost all walks of a court case, say, in pre-filing, choice of litigation or Alternate Dispute Resolution, E-Filing, scrutiny, receiving/ seeking Notice or Summons, (Court) Hearings, discovery and inspection, cross-examination, arguments, judgments, appeal, revision, and review, execution and digitization of case records, especially old case records. Exhibit 9 and 10 give an idea of the functioning of NJDG.
eCourts Services – Stakeholder focus
eCourts Portal through its service design addresses the diverse needs of different stakeholders in judicial process, including lawyers, judges, court administration and litigants.
Lawyers and litigants
Virtual courts helped reduce the cost of trial and helped speedy disposal of cases.
Virtual courts without the service of judges for traffic challans prevented the piling up of cases and eased pressure on judges.
E-Seva Kendra in court premises to provide services helped litigants to file cases online and access court-related documents.
Setting up e-payment portals that facilitate online payment of court fees, fines, and penalties.
Information kiosks that provided case information to stakeholders.
Launch of a free and downloadable eCourts Services application for lawyers.
District courts publish information relating to the cases of their respective jurisdictions on their websites.
An automated emailing system in place will send notes to advocates and litigants of case status, the next day of hearing cause list, orders, etc.
Judges
Launch of JustIS mobile application to provide details of cases in their courts along with the calendar. Telangana, Himachal Pradesh, Punjab, and Haryana have developed dashboards or e-diaries for judges that can include information relating to pending cases, the number of judgments, etc
Support materials through the “knowledge management” tab on the eCourts website linking video tutorials on YouTube.
In addition, training programs for court masters, court staff advocates, District and high court judges, Judicial officers, and system administrators were planned and conducted in a series, and build competencies in IT based service delivery.
eCourts are designed and developed to operate in a handy manner in saving time and money. The portal demonstrated that it helps to clear the preliminary court formalities online without the requirement of any legal experts. It also helps the common man to extract many valid documents online without going to court premises saving a lot of time and money for the litigants.
eCourts Portal – a snapshot of the progress
Digitalization of courts in India has made significant progress and as of March 16, 2023, 18,735 courts are online. this list includes District & Subordinate Courts as well as High Courts. Litigants can access case status here. Elastic search technology enables the portal as an open-source search and analytics engine that is suitable for scalability and real-time data search and analysis. During Phase II, all court complexes including taluk courts were provided with video conference equipment. 3240 courts and 1272 jails have VC facilities now and additional 14,443 courtrooms were identified to install video conferencing equipment. Fund releases for digital infrastructure during the last three years are given in Exhibit 11.
eCourts project in India has achieved the key milestones. Firstly, the project aimed at conceptualizing and implementing Free and Open-Source Software. This is perhaps the largest free and open software systems (FOSS) project in the world today.
Secondly, the core-periphery model is used in software development and the entire project has been focused on providing citizen-centric support, keeping the litigant in mind. It helped in providing remarkable coordination and teamwork between judicial officers and judicial administrators.
The future of courts in India has remarkable potential to grow and develop. Increased use of technology and innovative ideas made the project in a progressing stage. In Phase III of the eCourts Project, total migration to the cloud, big data mining, and processing through blockchain technology and artificial intelligence will be used in a greater way with a vision of keeping the judiciary affordable and attainable to the very common people of India.
Key Achievements
Key Achievements
As Phase II of the project is nearing completion, a DPR for Phase III has been finalized and approved by the committee of the Supreme Court of India with stress to create a judicial system that is more affordable, accessible, and cost-effective.
It has numerous new features such as digital and paperless courts, online courts, Virtual courts, and increased use of Artificial Intelligence with Optical Character Recognition (OCR), etc.
Current State of Public Technology Infrastructure for E-Courts (as in 2022)
Current State of Public Technology Infrastructure for E-Courts (as in 2022)
As of now, 18,735 courts are connected with software through Wide Area Network supported with 10 to 100 Mbps internet. According to the document published by department of Justice
It was widely used during the time of Covid 19 scenario as many of the court proceedings were through video conferencing.
Development of CIS-based free and open source software
Development of a unique case number record (CNR)
Development of a quick response code QR code) : quick access to pleadings, orders, and judgments
Creation of a judicial officer code: A unique Identification number for every judge to track case statistics and judicial assessment.
Creation of one national code policy for case types and legislations across all districts. This is to create back-end standardization with coordination with several stakeholders including government agencies, legal experts, and other relevant bodies.
The launch of the Interoperable Criminal Justice System (ICJS) helped to establish interconnectivity with various stakeholders like police, prisons, and courts and help share information.
ICJS helped the exchange of data between courts and police
FIR and charge sheet details are electronically received in court
Seamless data exchange between police stations and courts. It reduced enormous data entry works in court.
A Snapshot View of the achievements of eCourts Project as at the end of 2019:
Emerging Technologies and Challenges facing eCourts Project
Emerging Technologies and Challenges facing eCourts Project
The last few years witnessed growth in new technologies and technology deployment paradigms that have blurred the barriers of distinctness of various domains of technology and are leading to redefining the vistas of day-t-day life of people; they also have a bearing and promise on judicial systems and processes and the ultimate justice delivery services by the courts. A brief of these technologies and the portends of these technologies in judicial domain is hinted as below.
Artificial intelligence
The use of artificial intelligence (AI) is gaining momentum in e-courts for automating the judicial process, which helps judges make decisions and enhances the overall efficiency of the justice system. AI systems are not influenced by emotions or biases, and they can continuously deliver judgments without getting fatigued. Here are a few illustrations of how AI is being employed in e-courts.
AI can ingest contracts, analyze them and translate them using Natural language processing (NLP).
The software enables users to assemble, automate, approve, digitally sign, and manage all of their contracts – all from one place.
AI is widely used in international arbitration like the appointment of arbitrators, legal research, drafting as well as proof-reading of written submissions, and translation of documents, etc. it is widely used in case management and document organization, cost estimations, hearing arrangements (such as transcripts or simultaneous foreign language interpretation), and drafting of standard sections of awards.
In the last one year Generative AI (AI Algorithms that can be used to create new content, including audio, code, images, text, simulations, and videos) has created huge opportunities to transform the Legal Profession. Growing list of generative AI tasks which can be of aid for legal services are:
Case management and document analysis:
The utilization of AI can aid in the management and analysis of extensive volumes of case-related data, such as court documents, pleadings, and other legal records. AI-enabled tools can sort, classify, and evaluate documents automatically to simplify case management, boost search capabilities, and recognize pertinent information for legal professionals, judges, and litigants.
Predictive Analytics:
By analyzing past data and patterns, AI algorithms can make predictions about case outcomes, duration, and workload management. These predictions can assist courts in prioritizing cases, allocating resources, and reducing backlogs, thereby promoting more efficient court operations.
Legal research and analysis:
AI-based legal research tools can scrutinize immense databases of legal precedents, statutes, and regulations to offer relevant legal insights and recommendations to lawyers, judges, and litigants. This can streamline legal research, leading to more precise and efficient decision-making while also reducing the time and effort required for manual legal analysis.
Virtual hearings and dispute resolution:
The integration of AI technologies, including natural language processing (NLP) and speech recognition, can be implemented in virtual hearings and online dispute resolution (ODR) procedures. These technologies can assist in the real-time transcription, translation, and analysis of spoken or written language, allowing for remote participation and promoting communication among parties who may speak varying languages.
Sentiment Analysis and emotion detection:
Artificial intelligence can examine the tone, sentiment, and emotions conveyed in court documents, social media posts, and other sources to comprehend public opinion, monitor shifts in sentiment trends, and detect possible biases. This can aid courts in assessing public perceptions, addressing concerns, and promoting transparency and equity in the justice system.
Legal Chatbots and virtual assistants:
AI-driven chatbots and virtual assistants can offer fundamental legal information, guidelines for procedures, and self-help choices to court users and litigants. These tools can handle regular inquiries, provide procedural information, and assist in filling out forms, thus reducing the workload of court staff and saving resources.
Use of Blockchain
Blockchain, a distributed and immutable ledger technology, has the potential to bring transparency, security, and efficiency to e-courts. Some areas where blockchains can influence the functioning of e-courts may be identified as below.
Document authentication and security against tampering – The security provided by blockchain can be used to securely store court documents and case-related information in a tamper-proof cloud database and is linked or added as a block to the blockchains. Any attempt to immolate the record or unauthorized tampering will not happen. It reduces the risk of fraudulence and foolproof document management.
More accessible – Lawyers can use blockchain technology to a great extent to streamline their transactional work, digital signature, and storing of legal agreements. Blockchain has numerous scripted text, smart contracts, and automated contract management modules that can be used for preparing documents. It saves cost and time and the benefit of it can be transferred to the end customer. It reduces the complexities involved in the judicial process.
Evidence management and chain of custody – Blockchain can be used to manage the chain of custody for digital evidence in e-courts. Digital evidence, such as electronic documents, audio/video recordings, and other digital artifacts, can be securely stored on the blockchain, maintaining a verifiable chain of custody. This can help ensure the integrity of digital evidence, prevent tampering or unauthorized access, and enhance the admissibility and reliability of evidence in court proceedings.
Payments and smart contracts for court fees – Blockchain can facilitate secure and transparent payments for court fees, fines, and other charges. Smart contracts can be used to define the terms and conditions for payments, such as due dates, penalties, and interest rates, and automatically enforce them. Blockchain-based payments can provide transparency, traceability, and security in court fee management, reducing manual processes and administrative overhead.
Reflections of the Government of India as a key Stakeholder in enabling eGovernance in every walk of life
Progress achieved in India is directly related to its judicial system and achieving progress in India can be difficult unless the judiciary is efficient (Justice Khehar, 2016) with this vision, the government of India is investing a huge amount of money in the modernization of courts in India. Courtrooms are now becoming eCourts, equipped with state-of-the-art facilities.
Shri Prashun Pandey, Joint Secretary, (eCourts) GOI, who is working relentlessly in the last several years to make the eCourts Project is operational as visualized, summed it up in a succinct way. In his words, “…The eCourts project, initiated as a segment of the National e-Governance project in 2006-2007, aimed to revitalize the judiciary system in India. With an overwhelming 5 crore pending cases and an intent to make the court more citizen-centric, the project embarked on a mission of digitization and operational efficiency.”
He reflected on the highlights and Milestones that India crossed in operationalizing the eCourts and mentioned that there was tremendous public response with the eCourts portal becoming one of the most widely accessed government portals. He recalled, “…Despite the COVID-19 pandemic, the system managed a 63% case disposal rate, and he noted that the Supreme Court of India made a record by functioning paperless and virtually for a year.” He related these two instances as the silent fulcrum for building a paperless judicial system and exclusive courts operating via video conferencing. In his view, building multiple touch points of service in judicial ecosystem gets an added impetus, with initiatives such as collaboration with e-Sewa Kendras to bridge the digital divide and simplify court procedures, mirroring the success of passport Seva Kendras. In the view of Shri prashun Pandey, the eCourts Project has opened up vistas of change by way of handling the project management challenges and addressing multiple dimensions of change, say, process re-engineering, policy reforms, nurturing service delivery orientation and gearing up to embrace technologies that are current, futuristic and are friendly to common people as well as professionals in discharge of their functions and duties. In a nut-shell, the project addressed below challenges and roadblocks, while evolving into 2020s.
eCourts Project – Challenges and Roadblocks:
Digital Divide: Ensuring access and infrastructural availability to everyone.
Mindset Shift: The inevitable transition to virtual systems requires a significant change in the working methodology of judges, court staff, and lawyers.
System Heterogeneity: Some High Courts use different software systems, leading to integration challenges.
Opposition: The lawyer community expressed concerns about job security in a more digitized environment.
Technological Innovations and Management:
Centralization vis-à-vis decentralization of project management – infrastructure set up and deployment of compatibility across the country
The National Informatics Centre exclusively utilized free and open-source software, significantly reducing project costs.
Discussions regarding the introduction of a Chief Technology Officer (CTO) position to bridge the gap between functional and technological departments.
The vision for 2047 aims to resolve civil and common law issues within 180 days, suggesting a significant tilt towards technological adoption.
Wrap-up and Conclusion
Wrap-up and Conclusion
Though the Indian Judiciary has gone a long way forward toward fulfilling the motto of speedy justice for all, millions of pending cases in India are a case of worry for all. This case needs to be disposed of and judgment should be pronounced without compromising on the quality of justice. This eCourts case study offers an in-depth exploration of the technological advancements introduced within the Indian judicial framework. It underscores the pivotal role of innovation, streamlined processes, and a citizen-oriented approach in crafting a more agile and effective judiciary.
India’s eCourts project stands as a testament to how technology can revolutionize age-old structures. Leveraging free and open-source software, not only has the initiative curtailed expenses but it has also facilitated an extended reach of judicial services across the extensive rural expanses of the nation. With a forward-looking vision set for 2047, the project aspires to expedite the resolution of civil and common law issues to a mere 180 days, showcasing a profound inclination towards technological integration.The narrative further accentuates the significance of designing services with the citizen at its core. The eCourts initiative, through its unwavering dedication to a litigant-centric model, has fostered commendable synergy between judiciary officers and administrators.
Collaboration emerges as another cornerstone within the eCourts narrative. Institutions like the National Judicial Academy and the State Judicial Academy are geared towards prepping judicial functionaries for the digital transition. Moreover, affiliations with Common Service Centers are strategized to amplify the reach of judicial amenities throughout India’s rural regions. The robust financial backing and visionary approach by the Indian government herald a bright trajectory for the nation’s judicial system. In a nutshell, the metamorphosis of the Indian judiciary, propelled by technology, a citizen-focused ethos, and strategic alliances, offers invaluable insights. As it surmounts challenges and strides towards sustainable evolution in a dynamic global landscape, the eCourts initiative shines as an exemplar for nations contemplating the digitization of their judicial paradigms.
Information and Communication Technology in Courts created by Written by by Justice Sunil Ambwani, National Judicial Academy, Bhopal,different phases of eCourts in India and National Judicial Data Grid
Exhibit 2: Data on pending cases as of 10.11.2023 – As viewed on the eCourts Portal in Nov 2023
Exhibit 3: Data on Peding Caocker Process Flow & Keywords
Exhibit 4: Data on disposed cases as of 10.11.23
Exhibit 5: Hierarchy of courts in India
Exhibit 6: Services provided in E – courts
Exhibit 7: eCourts’ Mobile Application
Exhibit 8: Budget allocation for promoting eCourts in India
Exhibit 9: National Judicial Data Grid
Exhibit 10: National Judicial Data Grid – a snapshot view
Exhibit 11: Key achievements of eCourts Project
WAN connectivity has been provided to 2976 courts out of 2994 courts (99.4%) with 10 to 100 Mbps speed.
Case information Software (CIS) developed by NIC is available for district courts (N C Version 3.2) and high courts (NC Version 1.0). It is free and open-source software (FOSS)
Created National Judicial Data Grid (NJDG), an online platform that provides information relating to judicial proceedings. More than 20.10 crore judgments and 21.99 crore cases are uploaded in the grid.
Seven platforms were created to provide information on case status, cause lists, and judgments through sms (2,00,000 daily), emails (2,50,000 daily) multilingual and tactile eCourts services portal (35,00,000 hits daily), and JSC (Judicial Service Centers) info kiosks.
Mobile application for lawyers (Electronic Case Management tool) – total 1.5 cr downloads till 31 Oct 2022. (Exhibit 3)
JustIS application for Judges (18,407 downloads till 31 Dec 2022)
21 Virtual courts in 17 states/ UTs for traffic challan cases.
More than 2.40 crore cases were handled by these courts and a fine of Rs 347.86 crore has been realized till 2 Jan 2023.
The Supreme Court set a record of 3,79,954 court hearings till 24 Dec 2022 since the beginning of the lockdown. (High Courts 76,62,243 cases, Subordinate courts 1,68,47,529 cases)
A new e-filing system for the electronic filing of legal papers with advanced features has been formulated. 19 High courts have adopted as on 31 Dec 2022.
20 High courts have implemented e-payments in their jurisdictions payable to the consolidated fund.
NSTEP (National Service and Tracking of Electronic Processes) was launched to issue a summons.
The judgment Search portal with features to search by “bench, case type, case number year Petitioner/ Respondent Name, Judge Name, Act, Section, Decision: From Date To Date and Full-Text Search, etc.” was enabled. This service is free of cost.
A manual for lawyers on “How to register for eFiling” has been made available in English, Hindi, and other 11 regional languages.
YouTube channel with video tutorials. the eCommittee of the Supreme Court is conducting training and awareness programs on it.