"The only constant in life is change." -- Heraclitus

In a world increasingly driven by technology, change is not just inevitable; it's essential. The judiciary is not an exception in a time when technology controls practically every element of our lives. 

A new era of digital justice has been ushered in by the Hon'ble Supreme Court of India, which has exercised its plenary power under Article 142 of the Constitution by ordering courts to implement e-courts and virtual hearings. This historic action was taken in response to the COVID-19 pandemic's unprecedented challenges, but it has since evolved into much more than an immediate solution. It is an understanding that justice needs to change with the times in order to remain just, fair, inclusive and accessible to every individual.

The former chief justice of India, Justice Sharad Arvind Bobde, also emphasized on the revolutionary potential of technology in the legal system in his speech at the Supreme Court Vidhik Anuvaad Software (SUVAS) launch in 2019. He pointed out that by tasks that require manual labor and are repetitive in nature which tend to increase case pendency, the use of cutting-edge technologies like AI could ensure that this process becomes more convenient, faster and feasible to all the stakeholders including parties, lawyers and the judges. 

But, The question of how this change will affect India's justice system in the future emerges as courts and legal systems quickly adjust to online platforms. In a rapidly changing digital world, this blog will examine the emergence of virtual courts, their pros and cons, challenges and wider repercussions for the legal system.

The E-Court Evolution

In India, the development of e-Courts signifies a revolutionary change in the legal system with the goal of expanding access to justice and boosting the effectiveness of court proceedings. Virtual courts gained traction in India with the establishment of the first virtual court at Tis Hazari Court in Delhi on July 26, 2019. 

With the introduction of the National Policy and Action Plan for Implementation of Information and Communication Technology (ICT) in the Indian justice system in 2005, the idea of e-Courts in India was formally established. The objective was to transform the legal system by using technology to improve service delivery and expedite processes. 

In 2010, the first phase of the eCourts Mission Mode Project was approved, and it was subsequently initiated with the goal of computerizing district and subordinate courts nationwide.
Phase I of the e-Courts project started the journey by establishing the foundation for digital integration.

More than 14,000 district and subordinate courts had computerized by 2015, offering the fundamental framework required to handle case files and expedite information access. During this first stage, crucial tools such as Case Information Software (CIS) and court websites were introduced, enabling litigants and attorneys to monitor case statuses and schedules online.

Phase II increased the judiciary's digital infrastructure and was introduced in 2015 with a budget of ₹1,670 crores. Geographic constraints and delays brought on account of the court backlogs were reduced when video conferencing was implemented for remote hearings. Additionally, web portals and mobile apps were created, increasing the accessibility of judicial services and facilitating the easy tracking of case progress by litigants.

To fully digitize the judiciary, Phase III was approved in 2023. In order to streamline legal procedures, this phase focuses on going paperless, digitizing court records, and putting in place universal e-filing and payment systems. This also facilitated the open court principles.  

Further in order to ensure speedy proceedings, the judges would also be equipped with powerful tech-based tools that are automated and can ensure that it enhances the process of going through huge and bulky court records by providing advanced summaries of case-files.

In the case In Re: Cognizance for Extension of Limitation (2020), the Supreme Court took suo motu cognizance of the challenges litigants faced in timely filing of cases in response to the COVID-19 pandemic. The Court extended the statute of limitations for all cases with effect from March 15, 2020, until any further notice. 

This action reaffirmed the notion that "Justice delayed is justice denied" and demonstrated the value of virtual courts in guaranteeing that justice is served promptly. Thus, over a period of time the e-courts have evolved in the Indian Judicial System from being a temporary solution during the pandemic time to an integral part of courtrooms. 

A New Era Of Accessibility To Justice

India's legal system is now more inclusive and effective since the introduction of virtual courts, which have helped usher in a new era of accessibility to justice. 
Virtual courts have several significant pros, including:

• Speedy Justice: The efficiency of the legal process in terms of both time and money is one of the biggest benefits of virtual courts. In the landmark case of Hussainara Khatoon v. Home Secretary, State of Bihar, the Supreme Court of India acknowledged the fundamental right to a speedy trial as a crucial component of justice, underscoring the importance of prompt delivery of justice. Prolonged trial delays, the Court noted, go against the fundamental constitutional values of justice and fairness. The implementation of virtual courts is consistent with this idea, guaranteeing that justice is served promptly and enabling cases to be heard more quickly and affordably.
   
• Open Courts and Transparency: The principle of an open court ensures transparency and accountability by allowing the public to observe court proceedings. Jeremy Bentham argued that "the more openly a judicial proceeding is conducted, the less likely it is to be corrupted". Virtual courts uphold this principle by making hearings accessible online, enabling people to follow cases remotely. Thus, anyone can be a part of the proceeding from the convenience of their homes and exercise their fundamental right.
   
• Increased Flexibility and Convenience: Virtual courts provide more scheduling flexibility. The process is less stressful and more flexible for litigants and attorneys because they can participate in hearings from the convenience of their homes or offices. Moreover, through the expedited resolution of disputes, this aids in the reduction of the backlog of cases, a significant problem in India's judicial system.
   
• Electronic Operations: By enabling electronic filing and case management, virtual courts lessen their dependence on paper records. In addition to being more environmentally friendly, this expedites case processing because digital records are easier to access than physical files.

When Technology Fails Justice

Although e-courts have many benefits, they also present some serious challenges. One of the primary problems is the digital divide, which restricts access to justice for those without internet facilities or contemporary technology by preventing them from taking part in virtual hearings.

This issue is especially common in low-income and rural areas, where digital infrastructure is still in its infancy. Since people do not have access to even basic amenities to live a stable life, the idea of a virtual system of judiciary becomes a utopian vision. 

Further, Privacy is another issue. Confidential information must frequently be shared via digital platforms for virtual hearings, increasing the possibility of data breaches or unauthorized access. In the absence of strong cybersecurity safeguards, privacy of the parties and the lawyers may be jeopardized, eroding the trust in these systems. Again the vulnerable population of rural areas having no knowledge about these systems are more susceptible to face privacy infringements and threat to cybersecurity. 

Moreover, Virtual courts though accessible may sometimes jeopardize the process of justice especially when it comes to criminal proceedings. For instance, the ability to assess a witness's demeanor, crucial for evaluating credibility. 

Unlike in-person testimony, video conferencing may distort non-verbal cues, such as facial expressions and gestures. Delayed streaming or limited visibility can obstruct the discovery of truth, especially during cross-examination, affecting witness reliability as it might not be clearly visible through an online platform. 

The Future Prospects
Virtual courts have enormous potential for the future and could change the way justice is delivered in previously unthinkable ways. 

A combination of in-person and virtual hearings, known as hybrid courtrooms, may become prevalent giving parties the option to be present in person or virtually depending on the urgency, nature of the case, or convenience. This adaptability will guarantee a more inclusive system that meets the needs of lawyers and parties especially in the rural areas.

On September 11, 2020, the Standing Committee on Personnel, Public Grievances, Law, and Justice released its report listing important suggestions for incorporating virtual courts into India's legal framework. The Committee acknowledged the digital divide and suggested working with private organizations to supply equipment in remote locations as well as mobile video conferencing services. 

It demanded that the National Broadband Mission be implemented more quickly in order to close the connectivity gap. It also called for the development of skills through advocate training programs and computer courses in legal education. Overall, The report supported the continuation of virtual hearings for specific cases and appellate tribunals and advocated for live streaming to ensure transparency. 

Conclusion
Virtual courts mark a fundamental change in the administration of justice, moving beyond a short-term trend. In addition to improving efficiency and guaranteeing that justice can be served promptly, they have brought the judicial system closer to the people and made legal proceedings more open, affordable, and transparent.

Issues like the digital divide and privacy concerns still exist, but the development of safe, easily navigable, and user-friendly platforms promises a time when virtual courts will provide a quicker, more equitable, and more inclusive legal system, bridging gaps and guaranteeing justice for everyone, irrespective of financial or geographic constraints. 

However, the future of virtual courts remains uncertain, posing a significant question as to "whether technology will actually replace or strengthen the conventional courtroom?" But one thing is clear: the digital revolution in justice is inevitable, and whether it complements or transforms the courtroom, it will make justice faster, more accessible, and more inclusive for all.

Also Read:

• Virtual Courts And Access To Justice: A Conceptualization
• Virtual Courts: Challenges and Opportunities