Union Budget 2023: Upgrade digital infra in lower courts with the Rs 7,000 crore allocation, say lawyers

While there has been a decrease in the subsidy estimates, such estimates would always be vulnerable to the geopolitical situation

Lawyers have welcomed the substantial allocation to the third phase of e-courts projects in the Union Budget and said the funds should be utilised to upgrade digital infrastructure in courts in non-metropolitan cities.

The government has allocated Rs 7,000 crore in Union Budget 2023 for the third phase of the e-courts project, which is a four-fold jump from Rs 1,670 crore granted for phase two of the digital upgradation of courts in 2015.

Lawyers say the funds should be used to improve accessibility and the e-filing system through the project.

Launched in 2005, the project was conceptualised to equip the Indian judiciary with information and communication technology by digitising every facet of litigation from initiation to judgement.

The first phase saw the computerisation of district and taluka courts with Case Information Software (CIS) for providing basic case-related services to litigants and lawyers. The second phase saw the integration of systems across courts in the country and the introduction of the National Judicial Data Grid (NJDG), a near real-time repository of data on the pendency and disposal of cases.

Upgrade digital infrastructure in non-metro courts:

Courts situated outside metros face issues with uploading information pertaining to cases in a timely manner, says Shri Venkatesh, managing partner, SKV Law Offices. “More often than not, information such as Daily Orders does not get uploaded on the website for days. One of the reasons for such delays is inadequate infrastructure at district and taluka courts,” he says.

While the initiative is in the right direction, the key focus should be towards improving the infrastructure at a faster pace so that the litigants from across the country can benefit from such initiatives, Venkatesh adds.

Sameer Jain, managing partner, PSL Advocates & Solicitors, says it is important for all courts in India to have a virtual hearing facility, digitised records and an online filing system. “Currently, such facilities are available in major metro cities. We are hopeful that in this third phase, most of the other cities will be covered, which the legal fraternity is eagerly looking forward to,” he says.

The court staff in remote and small districts takes time to update case details as they are not trained in digital and internet infrastructure, says Tushar Agarwal, a Supreme Court advocate. “Therefore it is need of the hour that every district court is well equipped with digital and Internet infrastructure and trained staff,” he says. The funds should be utilised to educate advocates, litigants and court staff about the usage of the e-court services portal, Agarwal adds.

Many district and subordinate courts are still inefficient in using e-court software for uploading orders, cause lists, next dates and case status, says Anushaa Arora, principal and founder, ABA Law Office. “The issue partially lies in lack of funds, which seems to be taken care of now (with the allocation in the Union Budget).” Arora, however, warns that the funds allocated should be monitored regularly to avoid underutilisation in district courts, as has been the case in the past. Lawyers also feel that if used innovatively, the e-courts project can promote transparency and cut costs for all stakeholders.

Cost efficiency in the criminal justice system:

In criminal litigations, an accused in custody has to be produced before the judge at every hearing to mark his presence and to decide the next course of action in the case.

Dinesh Pardasani, partner, DSK Legal, says the funds allocated for e-courts can be used to cut such costs. “Digital Infrastructure will help in reducing the overcrowding of courtrooms. Further, the accused being available (from jail) through video conferencing and not having to appear in court will be so much convenient for all stakeholders – the accused, police, jail authorities, courts, etc. This will save a lot of resources for the government and courts.”

Improved e-filing system:

E-filing system, which gained prominence during the pandemic, allows lawyers to upload bulky papers relating to a case to a court’s portal, instead of carrying them physically to the court and handing it over to the registry. Considering the number of cases filed in courts, the system requires a lot of investment in digital infrastructure to be made efficient.

Mihir Govilkar, partner, Govilkar and Associates, says with the generous allocation in the Budget, there is a high probability of implementation of improved e-filing systems. “Hopefully an Aadhaar-based e-verification system will be put in place to reduce the need for affirmations/notarisation of documents before court officers or notaries,” he says.

Govilkar also says that obtaining court-certified copies of old cases, which currently can take several days or weeks, can be streamlined under the e-courts project.

Faster disposal of cases and improved transparency:

Abhimanyu Chopra, partner, AZB & Partners, says the Budget allocation should be used to upgrade the existing infrastructure of the courts, improve the speed of justice delivery and make the court proceedings more accessible and transparent to the public.

Citing statistics from Delhi High Court, he says, “The digitisation of court records and the use of technology in courtrooms are expected to reduce the time taken to resolve cases and increase the efficiency of the judiciary.”

He states the introduction of virtual hearings has improved transparency and accountability in the court system and phase three of digital upgradation is expected to bring more transparency and accountability in the administration of justice.