AUTHOR’S NAME – ANUJ AGARWAL

MAIL ID- anuja4272@gmail.com

CONTACT DETAILS - +918266993303, +919284997022

NAME OF INSTITUTION – MAHARASHTRA NATIONAL LAW UNIVERSITY, AURANGABAD

ADDRESS- GOVT. B. ED COLLEGE CAMPUS, PADAMPURA AURANGABAD, MAHARASHTRA (431005).

Email I.D- mnluaurangabad@gmail.com

Year of study- 1st year

WORD COUNT – 2926 WORDS

ABSTRACT WORD COUNT- 297 WORDS

ESSAY ON E-COURT IN E- GOVERNANCE

INTRODUCTION

Information Technology today is prevalent to an extent that it has become the first point of
interaction in every aspect of society and governance. It is not only in economy that the
application of IT proves to be an efficient tool for e-business but IT for E-Governance has a big
role to play in providing efficient, prompt, progressive and forward looking governments.

GOVERNANCE: IT'S MEANING

Governance is the act of governing. It relates to decisions that define expectations, grant power,
or verify performance. It consists of either separate process or part of decision making or
leadership processes. In modern nation-states, these processes and systems are typically
administered by a government. When discussing governance in particular organizations, the
quality of governance within the organization is often compared to a standard of good
governance.
The Information Technology Act, 2000 was enacted to provide legal recognition for transactions
carried out by means of electronic data interchange and other means of electronic
communication, commonly referred to as "electronic commerce", which involve the use of
alternatives to paper-based methods of communication and storage of information, to facilitate
electronic filing of documents with the Government agencies and further to amend the Indian
Penal code, the Indian Evidence Act, 1872, the bankers' books Evidence Act, 1891 and the
Reserve bank of India Act, 1934 and for matters connected therewith or incidental thereto. “This
Act, first of all defines "electronic Government" to mean "the use by the Government of web-
based Internet applications and other information technologies, combined with processes that
implement these technologies, to

(A) enhance the access to and delivery of Government information and services to the public,
other agencies, and other Government entities;
or
(B) bring about improvements in Government operations that may include effectiveness,
efficiency, service quality, or transformation."
E-GOVERNANCE: THE CONCEPT
The word "electronic" in the term e-Governance implies technology driven governance. E-
Governance is the application of Information and Communication Technology (ICT) for
delivering government services, exchange of information communication transactions,
integration of various stand-alone systems and services between Government-to-Citizens (G2C),
Government-to-Business (G2B) Government-to-Government (G2G) as well as back office
processes and interactions within the entire government frame work. Through the governance,
the government services will be made available to the citizens in a convenient, efficient and
transparent manner. The three main target groups that can be distinguished in governance
concepts are Government, citizens and businesses/interest groups. In e-Governance there are no
distinct boundaries.

E-Governance presents challenges and opportunities to transform both the mechanics of

government, and the nature of governance itself, The big challenges are not technological but
cultural. To bring the benefits of Information and Communication Technology (ICT) at the last
mile to ensure transparent, timely and hassle free delivery of citizen services, Government of
India has initiated e-Governance programme in country in the late 1990s. After that, Union
Government has approved the National e-Governance Plan (NeGP). Comprising of 27 Mission
Mode Projects (MMPs) and 8 components on May 18, 2006 to give a boost to e-Governance
initiatives in India. Department of Electronics and Information Technology (DEIT) and
Department of Administrative Reforms and Public Grievances(DAR&PG) has formulated the
National e-Governance Plan (NeGP).

The vision is to use e-Governance as the route for governments to strengthen good governance.
All services provided through the various e-Governance initiatives are expected to assist the
governments at the Central and State levels in reaching the yet 'unreached and enable
involvement and empowerment of marginalized groups through their participation in the
government processes thereby contributing towards poverty reduction and bridging the sharp
social and economic divide.
MEANING OF E-COURTS
An electronic court (e-court) is the process where traditional courts are made more effective and
speedier through the use of information and communication technology (ICT). From filing of the
case to its final adjudication, all is done in an online environment.

The key modules in e-Courts project includes Laptops and Laser Printers, training to Judges and
court staffs, Internet connectivity to the Judges, Connectivity at the court complexes,
Videoconferencing. Site preparation, Hardware, Networking. Application Software, Technical
manpower, Upgradation of the ICT Infrastructure etc.

INDIA'S PAPERLESS E-COURTS

The first complete paperless e-Court in the Delhi High Court (Court No. 24) started functioning
as early as 15th December 2009. As of now 9 courts in the Delhi High Court, including the Chief
Justice's Court, are running as completely paperless e-Courts. Subsequently India's First District
Paperless E-Court has been inaugurated on 08.02.2010 at District East, Karkardooma Courts by
Hon'ble Chief Justice of Delhi.

ORIGIN AND DEVELOPMENT OF E-GOVERNANCE AND E-COURTS IN

INDIA

India is a democratic republic and the philosophy of justice, equality, liberty and fraternity are
enshrined in its constitution. However, since independence public participation in policy making
has been minimal. Governance was process and procedure centric and generally a top down
approach was used in policy making. In addition, the country, given its vast size, federal
structure of governance with over 240,000+ local governance institutions and large population
coupled with its other complexities-viz- multi-cultural, multi-ethnic, multi-religious and multi-
lingual society, did not make itself amenable to large scale public participation in policy making.
Efforts were however made at several levels including by creation of Panchayat Raj institutions,
seeking civil society inputs in implementation of large projects, legislation of RTI Act etc. but it
was very difficult to consult all stakeholders in any given project.

In the early 1990s, two changes swept across the world the focus on good governance with
increasing non-government participation in delivery of public services and Information
Communication Technologies (ICTS) and internet technologies that potentially could connect
any and every one in real time. The concept of e-Government or e-Governance was born through
the amalgamation of these two. E-Governance marked a paradigm shift in the philosophy of
governance-citizen centricity instead of process centricity and large seal public participation
through ICTs enablement.

"E" IN E-GOVERNANCE

The "e" in e-Governance stands for 'electronic'. Thus, E-Governance is basically associated with
carrying out the functions and achieving the results of governance through the utilization of what
has today come to be known as ICT (Information and communications Technology). The reason
why countries around the world are increasingly opting for 'e-Governance' is that governance per
se has become more complex and varied in the last few decades and more importantly, citizens'
expectations from government have increased manifold. ICT facilitates efficient storing and
retrieval of data. instantaneous transmission of information, processing information and data
faster than the earlier manual systems, speeding up governmental processes, taking decisions
expeditiously and judiciously, increasing transparency and enforcing accountability. It also helps
in increasing the reach of government both geographically and demographically. The primary
purpose of governance is the welfare of citizens.

NATIONAL E-GOVERNANCE PLAN

NeGP (National e-Governance Plan) is a plan of the Government of India to make all
government services available to the citizens of India via electronic media. It is under the
administration of the Department of Information Technology of the Ministry of Communications
and Information Technology, Government of India.

INFORMATION & COMMUNICATION TECHNOLOGY IN INDIAN

JUDICIARY

Indian Judiciary is in urgent need of re-engineering its processes, optimize the use of its human
resources and bring about change management by harnessing the potentiality of the available
Information and Communication Technology (ICT) to its fullest extent. The objective of this
exercise is to enhance the judicial productivity both qualitatively and quantitatively as also make
the Justice delivery system affordable, accessible, cost effective, transparent and accountable.

The Chief Justice of India (CJI) made a proposal to the Central Government under the letter
dated 05.07.2004 addressed to the Minister of Law and Justice for constitution of an E-
Committee to assist him in formulating a National Policy on computerization of Indian Judiciary
and advise technological, communication and management related changes. Appreciating the
desirability of constitution of such a Committee, the Union Cabinet approved the proposal. In the
Indian judiciary efforts for computerization of some of its processes have been going on since
1990. From 2001 to 03, 700 city courts in four metros were computerized and during the next
two another 900 courts were computerized.

The objectives of the National e-Governance Policy NeGP project are:

 The Primary benefit of implementing e-Courts is self-explanatory. E-Courts primarily

aims at paperless working environment which makes it possible for safe record keeping
for infinite number of years as well as searching and maintaining accurately and
efficiently saving both time and labor.

 To help judicial administrations of the courts in streamlining their day-to-day activities.

 To assist judicial administration in reducing the pendency of cases

 To provide transparency of information to the litigants.

THE CONTEMPORARY SIGNIFICANCE OF E-GOVERNANCE AND E-

COURTS IN INDIA

In the past, service delivery mechanisms of the government departments left much to be desired
in India. Cramped spaces: shabby ambience; discourteous dealing personnel and their chronic
absenteeism; demands of gratification: inefficiency in work; long queues; procrastinating
officials; procedural complexities; etc., were some of the undesirable features of the working of
the government departments. Consequently, a visit to government department by citizen to make
use of any service used to be a harrowing experience. With the rising awareness amongst the
citizens and their better experiences with the private sector the demand for better services on the
part of government departments became more pronounced. The infusion of Information and
Communication Technology (ICT) has played a prominent role in strengthening such a demand.
The metamorphosis in the quality of delivery of services to the citizens by the government has
been more pronounced in recent years with the advent of e-governance. E-governance, which is a
paradigm shift over the traditional approaches in Public Administration, means rendering of
government services and information to the public using electronic means. This new paradigm
has brought about a revolution in the quality of service delivered to the citizens. It has ushered in
transparency in the governing process; saving of time due to provision of services through single
windows simplification of procedures; better office and record management; reduction in
corruption; and improved attitude, behavior and job handling capacity of the dealing personnel.
The present study substantiates these theoretical assumptions about e-governance by analyzing
some experiences at the Union as well as State Government Level in India.

E-JUDICIARY: THE WAY AHEAD

So far as judiciary is concerned it is the third pillar of the State authority, impartiality and
accountability in the judicial administration is of paramount importance. Citizens look up to this
institution with hope. Simplifying and rationalizing laws and procedures; strengthening the
independence of judges, improving the administration of the courts; balancing the costs of
justice, expanding access to justice for the poor and other disadvantaged groups; are some of the
important steps to bring about efficiency, transparency and accountability in the judicial system.
The rapid advancement in the deployment of technologies is opening up opportunities for
judicial reforms across the world. Information and Communication Technologies (ICT) are
considered as the major tool to enhance efficiency, access, timeliness, transparency and
accountability. Many countries are leveraging technologies for judicial reforms. Singapore
Supreme Court has initiated 'the paperless code, where electronic filing helps cut costs and
improves efficiency. US Federal courts are implementing electronic filing to streamline the
process and enhance effectiveness. By implementing the E-Courts project, in its true spirit, the
judiciary shall achieve the goals of speedy, inexpensive, transparent and accountable justice, in a
phased manner of implementation. All registry level activities, which seems to be effected by the
roots of corruption, will be fully automated. The judges will be provided online access to all
legal tools like, case laws, statute laws, law literature. Distant filings at anytime from anywhere
would become a routine affair. The handicaps based on distances would be completely
eliminated. The days of manipulating documents may be a foregone affair because of online
accessibility of all official records. Management, through video-conferencing, and decision
making tools will be a part of court administration. All case-related information from its filing to
the disposal like case status, orders, judgments, etc; would be made available online.

ICT ENABLED INDIAN COURT

The rapid accumulation & slow disposal rate of pending cases has increased burden on our
judicial system tremendously. Courts had to maintain all the records in physical manner i.e.
either in files or registers and to keep such large data in paper form is not easy to retrieve and
also not even safe and is prone to physical tempering & environmental degradation. The case
takes long time to solve and apart from this Cases/Judges/Courts keeps on changing during the
course of judgment. Even the witnesses and accused keep on changing their statements and turns
hostile. It is always difficult for the new Judges to retrieve the case information & status; so far
the available source is the written information in the case files only. As far as police & jails are
concer, they already cramped for resources in dealing and bringing accused and undertrials to the
courts. Similarly experts from Hospitals and forensic labs faced severe difficulties in presenting
their investigating reports in front of courts. Therefore, there is a definite scope of bringing ICT
to help and develop Case Record Management System for courtroom and to conserve the case
file & audio/visual record for future references.

VIDEO CONFERENCING: AN EFFICIENT AID TO E-COURTS

Using video conferencing any person can give his/her deposition from remote place. He/she just
needs a video conferencing setup either hardware or software based with internet connection.
Initially three hospitals, FSL, two police stations and jail are connected to e-Court for Video
conferencing. Producing accused witness every time in court consumes enormous amount of
resources (transportation cost security time and manpower etc) of the government. Using Video
conferencing they can give their deposition from hospitals and jails itself The delay in trials in
courts has also taken menacing dimensions, leading to the overcrowding of prisons. By the early
eighties, the situation had become alarming, the array of public interest litigations that have
clogged the courts since then, is an indicator of the seriousness of the problem at hand. A system
that was designed to handle a specific target group i.e. convicts had now been taken over by
another, for which the system was poorly prepared i.e. under-trials.By the early eighties, the
situation had become alarming, the array of public interest litigations that have clogged the
courts since then, is an indicator of the seriousness of the problem at hand. A system that was
designed to handle a specific target group .convicts had now been taken over by another, for
which the system was poorly prepared i.e. under-trials. The prison system has come to be
crushed under the weight of petty offenders, ticketless travelers, those arrested for 'loitering' in
suspicious circumstances, or drunken behavior, hawkers, those arrested under the forest act, theft
of railway property, petty theft, and a host of other property crimes which could be linked to the
overall lack of employment options and social security benefits that any 'caring' State should
have. These cases in turn clogged the courts of the country, crippling the criminal justice system
in the process.
THE RELATION BETWEEN E-COURTS AND E-GOVERNANCE

The justice system is the mechanism that upholds the rule of law. Our courts provide a forum to
resolve disputes and to test and enforce laws in a fair and rational manner. The courts are an
impartial forum. and judges are free to apply the law without regard to the government's wishes
or the weight of public opinion. Court decisions are based on what the law says and what the
evidence proves; there is no place in the courts for suspicion, bias or favoritism. This is why
justice is often symbolized as a blindfolded figure balancing a set of scales, oblivious to anything
that could detract from the pursuit of an outcome that is just and fair. The Courts at the very first
instance are not in any way, in terms of the constitutional mandate, believed to be the organ of
the State to govern. However, Firstly, the effort of the courts to infuse accountability in the
functioning of government institutions, and the growth and development of human rights
jurisprudence have demonstrated the central importance of courts role in governance. Secondly,
the courts are endowed with the additional responsibility of safeguarding the rule of law,
whenever the other limbs fail to perform their functions judicially, according to the spirit of the
Constitution. Thirdly, the courts play an important role in the development of the marker
economies countries that have failed in this respect (good governance) have seen incomes
stagnate and poverty persists. Lastly, in 11th Five Year Plan the approach changed. All that it
states is: "Quick and inexpensive dispensation of justice is an aspect of good governance which
is of fundamental importance in a successful civil society".

This quick and inexpensive dispensation of justice by the courts can be realized only when
Mission Mode Project under the NeGP, is implemented for fully operational ICT tools in the
Indian Judiciary. And this is the basic premise of this chapter to discuss the role of the Courts in
Governance, which also bolsters the role of E-courts in E-Governance.

One of the most important principles of just democratic governance One of them is the presence
of constitutional limits on the extent of government power. Such limits include periodic
elections, guarantees of civil rights, and an independent judiciary, which allows citizens to seek
protection of their rights and redress against government actions. These limits help make the
branches of government accountable 10 each other and to the people. An independent judiciary is
important for preserving the rule of law and is, therefore, most important facet of good
governance.