Introduction:
We live in a world full of uncertainties and surprises. The world as we know it is constantly evolving and changing, leading to several developments in different aspects of life. From food, to clothing, to shelter, to weapons and other tools, society has shown evolution at an exponential pace. It is with each new development speeding up the process of the next. One of the most substantial developments in contemporary society. Basically which has helped in the growth and expansion of many other aspects of life, is technology.
Technology is a broad term for the practical application of scientific knowledge. It can include various machines or tools used to simplify our lives. Being a broad term, technology can be further divided into various categories. We currently live in a digital era, where reliance on digital technology is at an all-time high. Even the most common, everyday tasks, have become quite difficult for most people to perform, without the aid of digital technology. Digital technology can be defined as “electronic tools, systems, devices and resources that generate, store, or process data.”[1] These include various devices such as computers, mobile phones, televisions, and much more. Digital technology has become an integral part of our lives, aiding in activities related to other spheres as well.
Digitalization has greatly helped in various fields of study, including education, engineering, music, business and economics, and much more. It has also greatly helped in the three branches of the government, namely the executive, legislative, and judiciary. It has made a great impact in these spheres, particularly the judiciary. The judiciary is an extremely important sphere, as it is the system of courts. It is responsible for the application and interpretation of laws. This is an extremely complex procedure, requiring many different processes in different departments. Digitalization has greatly helped to speed up these various processes, while simultaneously maintaining the efficient working of each department.
Digital Era in Indian Courts
The digital era can be defined as “a period where a shift process occurs from industrial-based to an information-based economy using computer or other technology devices as medium or communication.”[2] Over the years, we have seen a gradual but steady shift in courts, to this digital era which is highly reliant on digital technology. During this era, we can see the courts use digital technology and digital resources, in abundance, to perform their various functions. Especially during the current COVID-19 crisis. We can see an even greater reliance on digital technology in courts, as well as all other fields. The courts have been using digital technology and methods in various ways. As to ensure the smooth and efficient functioning of the judicial system. It is to make the judicial system even more efficient and speedy.
The most prominent change in the courts would be in the judging process itself. Even during times of social distancing and lockdown, the courts must ensure that justice is serve to the people. Justice DY Chandrachud, during a meeting to discuss the functioning of courts during the crisis. It had stated that “Filing of cases and court proceedings in the Supreme Court of India will soon go digital.”[3] He went on to say that this would include conducting the court proceedings through video conferencing. Additionally, smart televisions be set up for the convenience of journalists. Even after emerging from the crisis, the courts will continue using this method, to efficiently handle cases. In another interview, Justice Chandrachud had said that the Supreme Court’s E-committee had developed a paperless plan to go completely digital and thus, ensure the “speedy disposal of commercial disputes”[4].
Another major change in the courts is the filing system. As Justice Chandrachud had stated in his interview, the filing of cases is soon going to digital. Thus, the filing of cases is going to go completely paperless, due to a new e-filing system. Additionally, there would also be the electronic delivery of notices, summons, and other essential documents. It is to speed up the process and subsequently, the court proceedings as well.
The records of cases are also going digital, during this era. Since the past few years, there have already been several online databases with records of past cases, such as SCC Online, Manupatra, Westlaw, and much more. These databases contain complete judgments of past cases from all courts. Especially the Supreme Court, and make legal research and storage of records much quicker and more efficient. With the rest of the courts going digital, the records are also bound to go completely digital shortly.
Critical Analysis
The functioning of courts in the digital era, and the impact that digitalization has had on them, is advantageous in many ways. Firstly, the transition to online court proceedings eliminates travel costs for all parties involved in courts. Furthermore, it can make life much easier for advocates with locational handicaps, as well as parties that have to travel long distances to meet with and hire lawyers for cases. The electronic delivery of summons and other notices would also drastically speed up the court proceedings.
Digital proceedings are also speedy since it “allows successive judges to relate to a case without having to spend much time to understand its history.” This can ensure a higher number of cases and disputes being resolved in a short period, resulting in quick and effective delivery of justice. Besides, the court also accepts digital evidence, thus allowing lawyers to make use of digital technology efficiently, giving them access to another source of evidence for cases.
Secondly, the digital filing of cases and records, ensures rapid filing of cases, well-organized records and makes it much easier to access these records when necessary. Furthermore, online databases are useful to lawyers and law students alike, aiding in legal research, which is made exponentially simpler, due to the digital technology involved. Additionally, the storage of court records is much more efficient, since digital storage occupies considerably less space than manual records, is much easier to access and is extremely simple to edit.
However, the digital era also has its disadvantages, in courts and the judicial system. While the online court proceedings are more efficient and speedier, it is also highly disadvantageous. Firstly, there is a psychological element involved in trials, witness statements, and depositions that occur in a physical court, which is eliminated in the case of online court proceedings. Reading the emotions of witnesses, judges and other lawyers is crucial to trials, and this would be impossible to efficiently perform in an online trial.
Secondly, the transition to digital courts would prove disadvantageous to people in certain parts of India, who are not well-equipped with digital technology and will, therefore, be unable to access courts in this manner. Lastly, media and social media has had a huge influence on judges’ decisions. Justice AK Sikri stated in an interview that judging in the Supreme Court is under stress, since “even before a case is taken up by the court, people start discussing on social media what the outcome “should be” which influences the judges.” This can impact the judgments delivered by judges, thus interfering with and influencing the judicial process.
Furthermore, the e-filing and digital court records also have their disadvantages. While the simplicity in accessing and editing it is advantageous, it may also lead to tampering of evidence. Furthermore, the video evidence submitted in court proceedings is also susceptible to this tampering. Additionally, while digital technology is extremely fascinating and is capable of amazing feats, it can prove to be unreliable at times. Even a simple mistake or malfunction can lead to the loss of an enormous number of records and a huge amount of information and data.
Conclusion
In conclusion, we can see that the digital era has had a huge impact on the functioning of courts. As stated above, it has both advantages and disadvantages, which impact the functioning of courts in various ways. In my opinion, the way forward would be to address each disadvantage faced by such a digital transition, and accordingly work on solutions to counter these problems. Moreover, I feel that a completely digital approach is not practical, and instead, the courts could gradually go digital-only in certain areas which would not have much of an adverse effect on its functioning and efficiency. Thus, in this way, the digital era continues to impact our lives in various ways, and will hopefully result in beneficial outcomes, which will ensure overall efficient functioning of the judicial system in the future.
References:
[1] Admin. (2019, September 25). Teach with digital technologies. Retrieved from http://education.vic.gov.au/school/teachers/teachingresources/digital/Pages/teach.aspx
[2] Haris, A. R. (2016, December 10). Issues in Digital Era. Retrieved from https://www.researchgate.net/publication/328528038_Issues_In_Digital_Era
[3] Krishnan, M. (2020, March 16). Filing of cases to soon go digital in Supreme Court. Retrieved from https://www.hindustantimes.com/india-news/filing-of-cases-to-soon-go-digital-in-top-court/story-0mSf41Gw3NwR4oQh7oTxVL.html
[4] Singh, A. (2020, May 14). Supreme Court panel builds digital module, to speed up disposal of biz disputes. Retrieved from https://economictimes.indiatimes.com/news/politics-and-nation/supreme-court-panel-builds-digital-module-to-speed-up-disposal-of-biz-disputes/articleshow/75729441.cms
0 Comments