Date: 15/03/2023

Relevance: GS-2: Separation of powers between various organs dispute redressal mechanisms and institutions

Key Phrases: e-courts, parliamentary standing committee, anti-federal structure, Supreme Court, e-committee, Anti-federal structure, Ethical concerns.

Context:

• The Union budget for 2022-23 has a generous outlay of ₹7,000 crores for the third phase of the e-courts project administered by the e-committee of India’s Supreme Court in partnership with the ministry of law and justice.

Key Highlights:

• The e-courts project, which was conceived in 2005, aims to computerize district courts across India.
• While the funds are expected to improve the efficiency of the Indian legal system, the larger story of the project is one of opacity, missed opportunities, and dubious constitutionality.
• There have been small victories, like easier availability of judgements and case progression updates on the e-courts website, but these are underwhelming.
• In December, a parliamentary standing committee acknowledged that no money was spent on the project in 2022-23, and the department of justice under the ministry and the e-committee had failed to get the necessary approvals in time.
• The non-disclosure of project details is worrisome and contrary to the principles of public finance.

Key Concerns:

• Anti-federal structure : The e-courts project has an anti-federal structure, and the Supreme Court has consistently ruled that high courts are in charge of the administration of the district judiciary in Indian states.
  • However, the e-committee ensured that Phase I was implemented centrally, and in the second phase, the high courts were put in charge of procurement and implementation, but the e-committee was still responsible for the crucial function of planning and setting standards; more importantly, the purse strings were held by it.
• Reliability and accuracy: The accuracy and reliability of electronic records and evidence in court proceedings can be called into question, particularly if there are concerns about the authenticity of electronic signatures or the tampering of digital evidence.
• Ethical concerns: There may be ethical concerns around the use of artificial intelligence (AI) and algorithms in e-court proceedings. For example, the use of AI in sentencing decisions could lead to biased outcomes.
• Training and capacity building: There may be a need for extensive training and capacity building for judges, lawyers, and court staff to adapt to the new e-court system, which could be challenging and time-consuming.
• Cost: While e-courts can result in cost savings in the long run, there may be significant upfront costs associated with the implementation and maintenance of e-court systems, which could be a barrier for some jurisdictions.

Benefits of e-Court Project:

1. Improved Access to Justice: With the implementation of the e-courts project, citizens can access the judiciary system from any part of the country. It reduces the need for citizens to travel to court premises, thereby reducing the cost and time involved.
2. Time-Saving: Digitization of court processes reduces the time involved in the handling of cases. This is because documents and evidence can be filed electronically, and communication between judges and lawyers can be done through emails.
3. Transparency: The e-courts project helps in promoting transparency and accountability in the judiciary system. Citizens can track the progress of their cases and receive updates on the status of their cases through the e courts website.
4. Cost-Effective: The implementation of the e-courts project has resulted in cost savings for the government. The project has reduced the need for paper-based record-keeping and has eliminated the need for physical courtrooms, resulting in significant cost savings.
5. Efficiency: The e-courts project has improved the efficiency of the judiciary system by reducing the backlog of cases. The project has enabled judges to handle cases more efficiently, resulting in faster disposal of cases.
6. Improved Court Management: The e-courts project has enabled the judiciary system to manage court processes more effectively. With the implementation of the project, judges and lawyers can access case information and documents from any location, leading to improved case management.

Conclusion:

• The e-courts project has been a long-standing effort to modernize and digitize the Indian legal system.
• While the government has allocated a substantial amount of funds for the project's third phase, there remain many concerns regarding its transparency, accountability, and effectiveness.
• The lack of clarity regarding how the e-committee operates, its composition, and the absence of audits or performance reviews is worrisome.
• Additionally, the centralized planning and anti-federal structure of the project raise questions about its overall effectiveness.
• Decentralization and greater involvement of state governments and high courts could improve the project's efficiency and ensure better interoperability with other systems, such as prisons.
• Therefore, the government must take steps to reform the e-courts project and ensure that it is more transparent, accountable, and effective.

Source: Live Mint

Mains Question:

Q. Critically analyze the e-courts project of India and its impact on the efficiency of the Indian legal system. What are the major issues and challenges associated with the project? (250 Words).