E-Filing: Transfor

Adv. MOHAN KUMAR PAL

CHAMBER NO. 8, DISTRICT AND
SESSIONS COURT, SAHARANPUR
INTRODUCTION

Information Technology (IT) advancement has always been a transformative force in any
business industry. The focus is on enhancing customer service and utilizing data for improved
decision-making on a global scale. The digital India initiative launched by the Indian
government is also assisting in the revolutionization of the Indian industries. The legal
industry in India has not remained uninfluenced from its effects, but it is still at a nascent
stage in the context of digital growth. As legal departments and firms are becoming more
conscious of the cost efficiencies provided by IT, the effect of legal technology is quickly
transforming their way of operating. Despite the rapid growth of digitalization in the Indian
legal system, the lack of digital expertise among the help desks of courts poses a great
challenge. The importance of imparting digital education among the help desks of courts
cannot be overlooked as in accessing the benefits of virtual or online courts these help desks
play a very crucial role1.

Courts are an integral part of our society and are required to keep functioning so as to
maintain law and order. They are a necessary fixture not just for a section of the community
but everyone at large. It is impossible to imagine the regular working of a nation without the
regulatory supervision of the judicial system, even for a short period of time. This has been
brought to light via the recent COVID-19 pandemic which called for a complete lockdown on
all services to avoid the spread of the virus. The only solution which was recognised also by
the Supreme Court was to turn to digitalizing legal proceedings through the medium of video
conferencing.2 This only goes to justify the understanding of courts as a ‘service’ and not a
‘place’3. The object of this article is to emphasize upon the significance of using modern
technology to conduct court proceedings to not only prevent disruption in the justice delivery
system but also streamline the future of the Indian judiciary.

VIRTUAL COURTS – A GREAT STEP TOWARDS DIGITALIZATION

The government is also encouraging the digitization of legal practice, with various initiatives
underway to integrate technology into the Indian judiciary. The e-courts mission project,
1
https://www.edge.ai/2017/12/digitalization-of-indian-legal-industry-and-its-trends/
2
Decision passed on 6 April 2020 in Suo Motu Writ (Civil) No 5 of 2020
3
https://www.livemint.com/companies/news/cyril-amarchand-mangaldas-to-set-up-india-s-first-legal-tech-
incubation-centre-1550602978148.html

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guided by the Supreme Court e-Committee as part of the National e-Governance Plan
(NeGP), began the digitization of Indian courts intending to create a more accessible,
inexpensive, dependable, and transparent judicial system. The e-Courts initiative has so far
been divided into two phases, with the Supreme Court e-Committee seeking proposals for
Phase III in 2021, to accelerate the digitization process in the wake of the Covid-19
pandemic.

Phase I

In essence, Phase I of the e-Courts projects was primarily concerned with hardware
installation, or the computerization of the courts till April 2014, with a total expenditure of
Rs. 935 crores4. The main objective of Phase I was to extend specialized services to litigants,
advocates, and the judiciary by computerizing all district and subordinate courts across the
country and strengthening the judicial system’s Information and Communication Technology
(ICT) capabilities5.

Phase II

The main aim of Phase II of the e-Courts project, which began in 2015, was the betterment of
software of the digital infrastructure. Phase II was executed, with a total budget of Rs. 1670
crore, to upgrade infrastructure based on increasing technological advancements and remedial
action based on data gathered in Phase I, such as access to video conferencing in all the
courts and legal aid offices, regular update of data on the National Judicial Data Grid
(NJDG), which enables people to track the status of cases all around the country, optimal
case process automation, digitalization of case records, etc6.

Phase III

The implementation of Phase III is yet to begin. In the Draft Vision Document of e-Courts
Project Phase III released by the e-Committee, the primary goal is to establish an
“ecosystem” model in which systems interact with one another. The document proposes a
digital case registry, a database of case laws, intelligent scheduling, a digital case
management framework, e-filing, and open digital proceedings, among other ambitious

4
https://ecourts.gov.in/ecourts_home/static/manuals/Objective%20Accomplishment%20Report-2019.pdf
5
(4) https://www.livelaw.in/top-stories/justice-chandrachud-chairperson-of-sc-e-committee-confers-with-hc-
judges-on-video-conferencing-web-hosting-of-proceedings-154758
6
ECOMMITTEE SUPREME COURT OF INDIA POLICY AND ACTION PLAN DOCUMENT PHASE II
OF THE ECOURTS PROJECT (as approved on 8th January, 2014)

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initiatives, which will be based on an intelligent system that makes decisions based on
judicial data7.

GROWTH OF DIGITALIZATION IN INDIA VIA E-FILING: A NEW EMERGING

BUD

The introduction and adoption of e-filing in the Indian judiciary have significantly expanded
the scope and efficiency of legal processes. E-filing in the Indian judiciary refers to the
electronic submission of legal documents, petitions, and case-related information through
dedicated online platforms. This modern approach to filing has not only streamlined the
judicial system but has also enhanced accessibility, transparency, and accountability.

E-filing has brought about a paradigm shift in the way legal procedures are conducted,
reducing the dependence on traditional paperwork and manual processes. The digitalization
of court documents and case management systems allows for quicker and more organized
access to information, benefiting both legal professionals and litigants. Moreover, e-filing
contributes to the reduction of physical paperwork, making the legal system eco-friendlier
and more cost-effective.

The incorporation of e-filing in the Indian judiciary has also paved the way for the
implementation of electronic case management, enabling judges and legal professionals to
efficiently track and manage case proceedings. This technological advancement has expedited
the legal process, reduced delays and improving the overall efficacy of the judicial system 8.
As the scope of e-filing continues to evolve, it is anticipated to play a pivotal role in fostering
a more transparent, accessible, and technologically advanced legal landscape in India.

The introduction and implementation of e-filing have brought about a significant

transformation in the scope of the Indian judiciary. E-filing in the legal realm refers to the
electronic submission of legal documents, petitions, and appeals through online platforms.
This digital evolution has streamlined various legal processes, making them more accessible,
efficient, and transparent.

7
https://internetfreedom.in/digitization-of-indian-judiciary-phase-iii
8
https://vidhilegalpolicy.in/wp-content/uploads/2019/05/eCourtsinIndia_Vidhi.pdf

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One of the notable impacts of e-filing on the Indian judiciary is the reduction of bureaucratic
delays. Electronic filing enables litigants and legal practitioners to submit documents
remotely, reducing the need for physical presence in courts and minimizing the time
traditionally spent on administrative tasks. This has the potential to significantly expedite
legal proceedings, contributing to the overall efficiency of the judicial system.

Moreover, e-filing enhances accessibility to justice by allowing individuals from diverse

geographic locations to file their cases without the constraints of physical distance. It
promotes inclusivity and democratizes the legal process, ensuring that citizens across the
country can avail themselves of the judicial system more easily9.

The adoption of e-filing has also paved the way for the digitalization of court records and
case management systems. Electronic filing systems facilitate the creation of comprehensive
databases, aiding in the organization, retrieval, and analysis of legal information. This shift
towards digital record-keeping not only reduces the reliance on paper but also enhances the
overall integrity and security of legal documentation.

In summary, e-filing has expanded the scope of the Indian judiciary by modernizing and
digitizing various aspects of the legal process. This transition aligns with broader efforts to
create a more efficient, accessible, and technologically advanced judicial system in India.

KEY BENEFITS OF DIGITALIZATION OF THE INDIAN JUDICIARY

1. Accessibility and Convenience: E-filing allows litigants, advocates, and legal

professionals to file documents and pleadings from anywhere, at any time, eliminating the
need for physical visits to the court premises. This level of accessibility enhances
convenience and saves valuable time for all stakeholders.

2. Efficiency and Expedited Proceedings: The electronic filing system accelerates the
processing of cases by reducing paperwork, streamlining document management, and
facilitating quick access to case records. This leads to expedited proceedings, thereby
reducing case backlogs and enhancing judicial efficiency.

9
https://www.meity.gov.in/divisions/national-e-governance-plan

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3. Transparency and Accountability: E-filing promotes transparency in the judicial process
by providing stakeholders with real-time access to case status, orders, and judgments. This
fosters accountability and instils trust in the legal system among the public.

4. Cost Savings and Environmental Sustainability: The transition to e-filing minimizes the
use of paper, thereby reducing printing and storage costs for courts and litigants. Additionally,
it contributes to environmental sustainability by reducing paper consumption and carbon
footprint10.

DRAWBACKS

1. Digital Divide: Despite the benefits of e-filing, challenges related to digital literacy and
access to technology persist, especially in rural and remote areas. To address this, courts
have introduced initiatives to provide training programs and support services for
stakeholders who may face barriers to digital adoption.
2. Data Security and Privacy: Ensuring the security and privacy of sensitive legal
documents and personal information submitted through e-filing platforms is paramount.
Courts have implemented robust cybersecurity measures, encryption protocols, and data
protection mechanisms to safeguard against breaches and unauthorized access.
3. Interoperability and Standardization: Achieving interoperability and standardization
across different e-filing platforms and court systems remains a challenge. Efforts are
underway to establish common standards, protocols, and integrations to enhance
interoperability and facilitate seamless information exchange between courts 11.

FUTURE AHEAD AND THE POSSIBLE WAYS TO COPE WITH DIGITALIZATION

Steps that could be taken to address these issues:

1. Setting up a national policy: To overcome the existing issues regarding help desk
services, by far the most necessary step is to develop a policy that encourages the
establishment of more skilled help desks. It is vital to have a well-defined and pre-

10
http://onefuturecollective.org/law-and-justice-in-the-digital-age
11
https://www.theleaflet.in/challenges-in-setting-up-virtual-and-online-courts-in-india/

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 determined policy framework since it will aid in the development of a definite roadmap
and direction for India’s e-courts system.
2. The need for a better infrastructure: The necessity to improve the current
infrastructure is another essential requirement. The government must identify and create
the necessary infrastructure for a better functioning automated help desk service that will
take up the burden of routine work, to facilitate the e-court initiative.
3. Organizing training programs: To manage all of the e-data, the government must invest
significant resources in workforce training. These include keeping accurate records of
notification, summons, warrants, bail orders, order copies, e-filing, and other similar
activities for future reference.
4. Spreading awareness: Increasing awareness of e-Courts through speeches and seminars
can help bring the benefits and convenience that e-Courts can provide in the limelight.

CONCLUSION

To conclude, enhancing the quality of courtroom technology is a prerequisite for virtualizing

the courts. The fact is that, due to the enormous number of intricacies involved in hearing
cases, online delivery of court services is not as straightforward as setting up a
videoconference. The total digitization of courts, both at the upper and subordinate levels, can
only be achieved through educating help desk services about the IT and digital infrastructure.

The adoption of e-filing mechanisms in Indian courts represents a significant step towards a
more modern, efficient, and transparent justice system. Despite the challenges, the overall
impact has been positive, enhancing accessibility, reducing delays, and contributing to the
broader digital transformation of the Indian legal landscape. As technology continues to
evolve, the e-filing mechanism is expected to play a pivotal role in shaping the future of legal
processes in the country.

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