The Next Normal: Indian Judiciary

With the outbreak of COVID-19,  All spheres of life have been affected and the judicial system is no exception to this. There are various challenges that are being faced by Courts, lawyers, and litigants, which are unprecedented in nature. The new normal in the functioning of the court system in all aspects of rapidly changing global human interaction is now a big question in front of the judicial system. In addition to that, It would be useful to look at some of the other key issues that the system is grappling with and what is being done to deal with them in a manner that balances the litigants' interests while taking precautions against the pandemic. The pandemic has already changed the justice delivery system and district and mofussil courts will have to adopt new practices and technology and be ready for the long haul.

The availability of virtual courtrooms and digital filing has reshaped the manner in which litigants and lawyers access them. E-filing inaugurated by the Supreme Court visualizes a state-of-the-art system. Cases can be lodged by lawyers, digitally, from the comfort of their homes; elaborate protocols have been devised. Once this system is launched and used, the integration with video-enabled courts can yield great benefits. Further, if the pending hard copy files are also digitized and records in the Supreme Court or any high court, are integrated, the transition to a completely digital environment can be easier. In order to make it successful, It would be necessary that lawyers and judges take to using digital files, which would be hassle-free and entail minimum risk of infecting the user. Unlimited time for arguments would have to be given up. If parties are willing, time slots can be scheduled in advance; the parties should co-operate and file written submissions, within a page or word limit, at least two weeks before the hearing and agree on the documents they would refer to during the hearing so that a paper book is prepared. If such co-operation can be achieved, in regular hearing cases, a time limit of half an hour for each side can be given. In this manner, each bench can hear at least 5-6 regular hearing cases. If the same approach is adopted for cases during admission day, i.e about 7-8 minutes per case, no less than 50 cases can be heard in the Supreme Court on Mondays and Fridays. Similar approaches can be adopted by the high court, to limit the time for each case. This is what is called “less for more”, i.e. less hearing in each case, leading to more cases being heard. It can increase productivity and avoid crowding in courts, and endless wait for litigants and lawyers. Hence digitalization of courts can would increase productivity. The new normal can be said to have digitalized courts and hearings with online filing to the cases. 

The coronavirus crisis has encouraged courts around the world to find innovative ways of delivering justice. Courts and their users must ‘seize the moment’. We urgently need a set of new laws and procedural rules for the online courts and to create more awareness and understanding and also create platforms and spaces that invite and enable changemakers to come together, dialogue, and collaborate to create effective solutions. We must use technology and new media to create a citizen’s movement by equipping citizens with the knowledge, resources, and tools to put pressure on the system to change.