Digitising work in courts

The pandemic has exacerbated the problem of pendency of cases in lower courts, with work getting affected because of the shutdown. Though the backlog of cases in itself is not a new problem, the lockdown brought out the need to modernise the courts so as to be able to deal with the uncertainty and complexity of the situation. An estimated 4 crore cases are reported to be pending in the district and subordinate courts; the number was around 3 crore when Covid-19 set in.

Steeped in tradition, rules and procedures, the judiciary has been slow to adapt to changes, resulting in calls for a switchover to the digital format. But the process of change is not without its share of challenges as the work of the judiciary encompasses an entire range of functions. It will involve e-filing of cases, e-payment of court fees, e-summons and digital hearing, which already saw a beginning with video-conferencing. But the process will need clarification on the regulatory mechanism, designating people to process the data and working out the cost and the delay involved. Then there will be technical glitches for which the staff, including the judges, would require training. Modernisation and digitisation of courts should not only be an exercise driven by the pandemic or to cut costs, but also a sustainable one. Whether the digital format can ensure more security for members of the judiciary should also be factored in.

The judiciary has also been facing a shortage of judges, a key reason behind the pendency of cases. The vacancies should be filled at the earliest as protracted litigation affects lives as well as livelihoods. Just like changes in sectors such as education, judicial work can be both online and offline, giving the lawyers and the judges more options to perform their functions, improve efficiency and enhance productivity.

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