“As computational technology and artificial intelligence mature, more people will be able to have better access to justice.“
– Monica Bay, Fellow, Stanford Law School CodeX
In the contemporary day and age, the world has witnessed a remarkable growth of technology in the human realm, and its impact on our daily lives has become hugely pronounced and substantial. The proliferation of Artificial Intelligence has been transforming various sectors, including the legal arena, where it has managed to positively encompass its significance. Undoubtedly, the incorporation of technology in the litigation space will aid in advancing the profession in its ongoing transition from adopting traditional approaches to adopting relatively more effective modern methods. Although the legal community as a whole, inclusive of law schools, paralegals, lawyers, and judges, is using technology much more than ever imagined, the extent to which the legal arena can keep up with the evolving technological advancements remains incomprehensible at the moment.
The Indian legal system being one of the oldest and largest legal systems in the world has seemingly always managed to embrace and shape itself with the changing times and progressive needs of the society, whether on the social, economic, and cultural fronts or whether on the presently much demanding technological front.
Interestingly, if we were to trace back the history of the legal system in India and its evolution therefrom, we would notice that the ancient Indian legal system formed its basis on the concept of Dharma, which included the principles of morality, justice, and righteousness.[1]The concept of Dharma was influenced by the Hindu philosophy, which emphasized the importance of social and moral values. The ancient legal system was divided into two main categories: the Dharmashastra, dealing with the personal laws and the Arthashastra, dealing with economic and political laws. Significant changes were witnessed in the Indian legal system during the British colonial era with the introduction of the English Common Law System which was based on judicial precedents as well as the Rule of Law. The evolution of the codification of laws led to the enactment of various statutes, such as the Indian Penal Code, the Indian Contract Act, and the Indian Evidence Act. Such codification not only facilitated the establishment of Courts but also specified procedures that need to be followed in Courts by the advocates. It is imperative to take note the fact that the need for reform in the ongoing practice was realised after the Indian independence when at that given juncture, it was indeed quintessential to recognise the needs of the citizens upon becoming an independent and democratic nation. As it so transpired, with the adoption of the Constitution of India in 1950, the Indian legal system was mechanised in terms of the prevailing social realities of India and its citizens and, to date, continues to operate accordingly while welcoming requisite transformations in terms of the evolving times and needs of the nation at large. The Constitution of India, being the supreme law of India, extensively provides the framework demarcating fundamental political codes, structure, procedures, powers, and duties of government institutions and sets out the fundamental rights, directive principles, and duties of citizens of India.
In yesteryears, even imagining electronically signing a contract seemed implausible. Yet, it has now not only become a reality but also ubiquitous in nature. With the introduction of such an electronically possible facility, hardly anyone felt confident enough to embrace the very technological revolution, which has now hugely become interwoven in nearly all aspects of an individual’s life with time.
During the 1990s, the world underwent rapid changes upon the onset of globalisation, which gradually penetrated the nerves of every sector, paving the way for technology to take charge of the functioning of Courts in India by way of the introduction of computers by the Hon’ble Supreme Court of India, which eventually resulted into positively influencing the litigants in general,[2] since not every task was required to be done on paper. Unequivocally, such a transitional move, resultantly aided in unleashing India’s enormous potential for growth.
Without a doubt, the Indian judicial system was in dire need of cutting-edge technology to allow speedy and orderly case settlements as the number of pending cases had already peaked in 1987; however, gradually, with slow but steady implementation of computerization, the number of cases pending across the country declined dramatically by 2003. Nevertheless, despite the positive impact that the advent of technology managed to leave behind in the Indian legal system, at each step of its evolution and implementation, there still existed a dichotomy between the use of technology which led to a digital divide amongst the citizens.
Keeping in mind the underlying and underrealized potentials of technology, in 2005, the Central Government of India launched the e-Court Project, which was implemented by the Department of Justice, Ministry of Law and Justice, in collaboration with the National Informatics Centre (NIC) and other relevant stakeholders to digitize and modernize the judicial system across the nation to ensure that the Indian judiciary keeps pace with the technological advancements of the 21st century. The e-Court Project was set in motion with an aim to provide electronic delivery of Court Services, inclusive of filing of cases, Court proceedings, and access to case information. The said Project was phased, starting with Phase I (2011 to 2015), followed by the with effect from 2015, which further dealt with the various District and Subordinate Courts also getting computerised. The National Judicial Data Grid (NJDG) was launched under this project which created an online platform providing information pertaining to judicial proceedings across the nation.
Just as the technological advancement in India was steadily heading forward, the entire world, including India,
came to a standstill with the emergence of the pandemic of COVID-19, which brought the entire humanity to a standstill, leaving the world in a state of shock. This shock resultantly led to the crash of the globally accepted pre-existing systems. It gave birth to the limitless possibilities of the use of technology across all sectors, including the legal sector. The Indian legal system was no exception when it came to adopting new and innovative approaches with the pre-existing technology, the potential of which had remained unrealised on account of there being no pressing need prior to the advent of the pandemic. Oddly so, even though humanity was compelled by the unfavourable surrounding circumstances to make use of technology beyond ever imagined on a daily basis, it was indeed welcomed across all sectors, as it facilitated the functioning and management of society at large, in a convenient and efficient manner, especially during the nationwide lockdowns. Needless to say, the COVID-19 pandemic significantly impacted the Indian legal system, as it created compelling stances to bring in immediate changes in the ways the legal services are provided and in the way the Courts operate. Since there were no physical courtrooms functioning, the legal system had to make use of technology to carry out its duties. Needless to say, like many other sectors heavily reliant upon the physical infrastructure, the Indian legal system was undoubtedly, negatively impacted by COVID-19, which shone a harsh light on the archaic methods used to administer justice and provide judicial services.[3] In hindsight, it is indeed well established that the pandemic sparked an interest in the underutilised technology as well as the unconventional work arrangements that the Indian legal community had long resisted. At a startlingly rapid and effortless pace, the traditional working methods were modified and accepted. Interestingly, never before have any programs been implemented so quickly after a slump.
Without having traced the history and evolution of the use and incorporation of technology in the litigation space, it would not have been ideal to envision the future of technology in the Indian legal system. Basis the endeavours of the Central Government, the future of the legal system, especially in the litigation space, appears to be bright as a consequence of the Central Government’s well-thought-out strategy for Phase III of the E-Court Project, which is based on two facets – inclusion and access.[4] The primary goal of Phase III of the E-Courts Project is to develop an “ecosystem” model in which systems interact with one another. It is quite fascinating how many ambitious initiatives are being implemented on an intelligent system capable of forming opinions based on judicial data, including a digital case registry, a database of case laws, intelligent scheduling, a digital case operation frame, e-filing, and open digital processes.
In furtherance of the aforesaid discussion, it becomes imperative to acknowledge that the Union Law Minister, Mr. Kiran Rijiju, by way of an endeavoured declaration, expressly indicated that in the upcoming years, the Courts will be completely paperless, which has been backed by the Hon’ble Apex Court repeatedly through its rulings as well as general observations.
Additionally, the integration of technology into the judicial system has been extensively encouraged by the present Chief Justice of India D Y Chandrachud, as he has time and again emphasized the need for the Courts to adopt new technologies, such as artificial intelligence and machine learning, to improve the efficiency and accuracy of judicial processes. He even noted that these technologies can help to streamline processes, reduce the workload of judges and Court staff, and further ensure that cases are resolved more quickly and fairly.
The recent ruling of the Hon’ble Supreme Court upholding the mandatory E-filing Rules and ordering their implementation in other Tribunals and High Courts explicitly indicates that the Indian legal system is now moving towards greater digitization and automation, which is clearly a sign of positive development, as it is likely to make the legal system more efficient, transparent, and accessible.[5] While dealing with another matter, the Hon’ble Supreme Court directed the High Courts to continue holding virtual hearings after ruling in another writ petition that the right to attend Virtual Courts falls under the category of fundamental rights.[6] Moving further, the Hon’ble Supreme Court has also held that video conferencing can also be used for Witness Statements and other Court proceedings, provided the accused, and their lawyer has the opportunity to cross-examine the witness.[7] Accordingly, these judgments have set important precedents in the Indian legal system and paved the way for using technology in the judiciary.
The use of technology has made the legal process more efficient, transparent, and accessible. With the constant and ever-growing support of the Hon’ble Supreme Court, the Indian litigation space is likely to continue to embrace and adopt new technologies in the years to come. Although this is just the beginning, the future is yet to come where the litigation space will be advanced through technology. The initiatives that have been taken for the advancement are commendable. The use of legal repositories like SCC Online, Manupatra, and Casemine are aiding the litigators to carry out research on a wide variety of legal propositions at a click. Still, these softwares are costly and end up creating ambiguities in digital accessibility. The District Court cases are not included in such a database. Even though the High Courts and e-Courts websites also provide information with regard to the case laws; nevertheless, the same would be more accessible in the event there is a creation of a free archive of verdicts from all the Courts, which is likely to help litigators to a great extent and perhaps take much more informed decisions as regards their potential litigation.
Further, another problem pertaining to the language that predictably can be solved in the future is that the judgments are originally pronounced in English, and the databases which are used, have no facility to translate the judgments into other languages. Keeping in view the much prevalent diversity in India, with no single language being spoken across the nation, it indeed does become difficult for many litigators to access the concerned material. However, it has been indicated by the Hon’ble Chief Justice of India that in times to come, the Supreme Court judgments will be made available in four regional languages[8] as local languages play a significant part in the creation of judgments, referencing of documents, and recording of evidence and for the purpose of the achieving this, requisite initiatives have already undergone processes. In furtherance of the same, a Committee also has been formed headed by a Supreme Court judge Justice Abhay Oka. The linguistic tools created by the Centre for Development of Advanced Commuting are to be utilised as a part of this functional system to help the Courts.[9]
As it so transpires, the increased adoption of E-Filing is escalating as the Courts and legal systems are moving towards digitization. This will further allow individuals and organizations to file cases and other legal documents online, reducing the need for physical paperwork and streamlining the process of initiating legal proceedings. However, there is a dire need for the creation of infrastructure capabilities that will enable researchers, academics, students, and private players to conduct studies and develop solutions which have been envisioned in the initial vision for Phase III of the E-court program. Until now, the judiciary has been the sole provider of all “e-services”, and other interested parties outside the community have not been able to create their own solutions that work with the judiciary’s resources.
From the point of filing all the way to the uploading of the order into the system, the Case Management System (CMS) controls the case-flow process. A national CMS is essentially required in order to equip the entire fraternity to access it and verify the necessary information. Absolute automation, transparency, accessibility, and interoperability will all be features of such a system. Interestingly, the Kerela High Court’s paperless E-court system is the first CMS that maintains all the necessary information and makes it simple for all the stakeholders. The Kerala High Court Model of Case Management has been praised for its innovative use of technology to streamline legal proceedings and improve access to justice. This model is likely to be emulated by other Courts and legal systems in the coming years as they seek to improve efficiency and reduce the backlog of pending cases.
Artificial Intelligence and machine learning technologies are likely to play an increasingly important role in case management and e-court systems. These technologies can be used to automate routine tasks, identify patterns and trends in legal cases, and assist judges and lawyers in making more informed decisions. Overall, the future of e-filing, case management, and e-Court systems are likely to be characterized by ongoing innovation and technological advancements. These developments will help to improve access to justice, increase efficiency, and reduce the time and cost of legal proceedings.
At this juncture, it becomes pertinent to visit the observation of Prof. Lakshminath, according to whom, disruptive legal information technology and emerging Electronic Legal Information (ELI) may arise as the 4th cornerstone in face of the challenges, the other three being Lawyers, dissemination of law and the Judiciary.[10] As we have seen the positive impacts created by technology, one should also keep in mind the challenges that can be faced if the same tool is not used judiciously. What is to be seen is how the system rehauls will be undertaken, leaving behind the problems technology brings along with it. We must find a middle ground between the current infrastructure and the technology of the future, rather than completely overhauling the system, in order to strike the right balance which can sustain the interplay of technology in the litigation space. Irrespective, all the proposed changes must not be brought at the expense of greater critical needs, which may be crucial for the functioning of the existing legal system. The progress may be slow but is surely steady and must be supported by evidence-based research and public dialogue.
Both law and technology share a common ground of constant and consistent evolution, and clearly, both have evolved hugely since time immemorial and have continued to gradually complement each other at varying stages in their respective journeys while bringing into effect a synergic play through their symbiotic relationship, which continues to facilitate the human lives extensively. Therefore, going forward, with the interplay of both getting cemented more than ever before, it is uncertain that the legal system in the country can ever function without the support of technology, which is indeed going to benefit society at large.
References:
[1] Ancient Indian Jurisprudence : Juestice Markandey Katju, Judge, Supreme Court of India.[2] Ever since NIC took up computerization in Supreme Court in 1990, many applications have been computerized which have impact on masses i.e. litigants. Following are some of the applications which have been successfully implemented at Supreme Court and 18 High Courts and these applications have either direct or indirect impact on the masses. http://jespnet.com/journals/Vol_1_No_1_June_2014/15.pdf.[3] Mark A. Cohen, ‘ Covid-19 and the Reformation of Legal Culture’ (Forbes, 14 April, 2020) ＜ https://www.forbes.com/sites/markcohen1/2020/04/14/covid-19-and-the-reformation-of-legal-culture/#4b8c3168171d＞ accessed on 28 April, 2021.[4] https://ecommitteesci.gov.in/inviting-suggestions-on-the-draft-vision-document-for-phase-iii-of-ecourts-project/[5] MP High Court Bar Association v. Union of India | W.P.(C) No. 155/2023.[6] All India Association of Jurists And Anr. v. High Court of Uttarakhand And Ors W.P.(C) No. 941/2021.[7] Swapnil Tripathi vs. Supreme Court of India (2018) 10 SCC 639.[8] https://www.hindustantimes.com/cities/delhi-news/sc-judgments-to-be-now-available-in-4-languages-says-cji-101674588729524.html.[9] https://www.businesstoday.in/opinion/columns/story/the-unique-challenge-india-presents-to-natural-language-processing-153240-2018-10-03.[10] https://bvpnlcpune.org/Article/Digital%20Revolution%20and%20Artificial%20Intelligence.pdf.