eCourts Phase III for India - Judiciary

Ease of justice is equally important as ease of living. Denial of ‘timely justice’ amounts to denial of ‘justice’ itself: Timely disposal of cases is essential to maintain rule of law and provide access to justice. 

Speedy trial is a part of right to life and liberty guaranteed under Article 21 of the Constitution.

Erodes social infrastructure: a weak judiciary has a negative effect on social development

Affects human rights: Overcrowding of the prisons, already infrastructure deficient, in some cases beyond 150% of the capacity, results in “violation of human rights”.

Affects the economy of the country as it was estimated that judicial delays cost India around 1.5% of its Gross Domestic Product annually.

The digital transformation of India’s judiciary to ensure accessible and efficient legal proceedings is imperative to address the cncerns plaguing the justice system in India. The implementation of the eCourts Mission Mode Project, as part of the National eGovernance Plan, stands as a testament to the government’s commitment towards modernizing the judicial system. 

 As part of the National eGovernance Plan, the e-Courts Project is under implementation since 2007 for ICT enablement of the Indian Judiciary the Phase II of which has concluded in 2023. Phase III of the e-Courts Project in India is rooted in philosophy of “access and inclusion”.

Taking the gains of Phase-I and Phase-II to the next level, the e-Courts Phase-III aims to usher in a regime of maximum ease of justice by moving towards digital, online and paperless courts through digitization of the entire court records including legacy records and by bringing in universalization of e-Filing/ e-Payments through saturation of all court complexes with e-Sewa Kendras. It will put in place intelligent smart systems enabling data-based decision making for judges and registries while scheduling or prioritizing cases.

The Centrally Sponsored Scheme of eCourts Phase III is being implemented under the joint partnership of Department of Justice, Ministry of Law & Justice, Government of India and eCommittee, Supreme Court of India, in a decentralized manner through the respective High Courts to develop a judicial system that would promote ease of justice by making the system more accessible, affordable, reliable, predictable, and transparent for all stakeholders.

Expected outcomes of the eCourts Phase III, are as follows:

• Citizens who do not have access to technology can access the judicial services from eSewa Kendras, thus bridging the digital divide.

• Digitization of court records lays the foundation for all other digital services in the project. It enables processes to become more environmental friendly by minimizing paper-based filings and reducing the physical movement of documents.

• Virtual participation in the court proceedings thus reducing costs associated with court proceedings, such as travel expenses for witnesses, judges, and other stakeholders.

• Payment of court fees, fines and penalties from anywhere, anytime.

• Expansion of eFiling for reducing the time and effort required to file documents. Thereby minimizing human errors as documents are automatically checked and also prevent further creation of paper based records.

• Use of latest technologies like Al and its subsets Machine Learning (ML), Optical Character Recognition (OCR), Natural Language Processing (NLP) to provide a smoother user experience by building a “smart” ecosystem. Registries will have less data entry and minimal file scrutiny facilitating better decision-making and policy planning. It envisages smart scheduling, intelligent system that enables data-based decision making for judges and registries, allows for greater predictability and optimisation of the capacity of judges and lawyers.

• Expansion of virtual courts beyond the adjudication of traffic violation cases, thereby eliminating the presence of litigant or lawyer in the court.

• Enhanced accuracy and transparency in court proceedings

• Emphasis on automated delivery of court summons by further expanding the NSTEP (National Serving and Tracking of Electronic Processes), hence drastically reducing the delays in trials.

• Use of emerging technologies in court processes will make them more efficient and effective, hence contributing significantly towards the reduction of pendency cases.

Source - www.pmindia.gov.in

The e-Committee of the Supreme Court has been overseeing the implementation of the e-Courts Project, conceptualized under the “National Policy and Action Plan for Implementation of Information and Communication Technology (ICT) in the Indian Judiciary-2005”. 

Building over the advancements made in Phases I & II of the project, this document articulates the need to exponentially advance the digitization of courts by:
(a) simplifying procedures,
(b) creating a digital infrastructure, and the
(c) establishment of the right institutional and governance framework, such as technology offices at various levels to enable the judiciary to appropriately employ technology. 

It articulates key goals for putting in place the digital infrastructure and services for Phase III.

To read the Vision Document see here

Source: eCommitteeSCI

Artificial Intelligence in the Law Courts - Judiciary in India

Artificial intelligence (AI) is now becoming a pervasive and persistent part of our lives and will continue to do so in the future. 

Now we find AI embedded in shopping algorithms, navigational aids, and search engines. Algorithms drive social media and vehicles. Diverse fields such as human resources, finance, and medicine all rely on AI. Crime detection is also assisted by AI which can detect financial fraud and insider stock trading. Facial recognition algorithms powered by AI are used by investing agencies. Certain AI applications identify tumors with greater accuracy than medical personnel as per medical research.

Law has not always moved in tandem with the changing technology. In the last few years, with the increasing implementation of technology in the field of justice, there has been a rise in the use of Big Data and Artificial Intelligence (AI).

Judicial systems worldwide are using AI to analyze large amounts of legal data to help lawyers identify precedents in case law, enable administrations in streamlining judicial processes, and support judges with predictions on issues. AI and machine learning are on the way to transforming the practice of law, the role of courts, and judicial practice in the courts.

The Chinese judicial community seems to have adopted the trend of Artificial Intelligence (AI) and the Supreme People’s Court in China, in 2018, launched smart courts, smart inspection, and rolled out key projects such as the “smart court navigation system” and “intelligent push system”. 

Shanghai’s “206” criminal case intelligent auxiliary case system (206 system), Hebei’s “smart trial 1.0” trial support system and other local courts launched artificial intelligence products, not only comprehensively improves judicial efficiency, but also provides convenient and efficient technical support for judges to hear cases. (link)

Countries such as Estonia have already established an AI judge in a move to streamline government services and clear a backlog of cases for judges.

“The Estonian government used an AI judge to adjudicate small claim disputes such as contract claims under €7,000,” says Professor Michael Legg. Applying an AI system to process small claims is efficient as they do not involve an exercise of discretion. Similarly in Canada, AI has been used in some areas of the law such as strata property disputes and motor vehicle claims below a certain amount. In British Columbia, the Civil Resolutions Tribunal (CRT) uses a form of AI called an ‘expert system’. It helps a person assess whether they have a claim, brings together the information needed to make a claim, and facilitates online communications to try and resolve the claim,” Prof. Legg says. (link)

Artificial Intelligence (AI) is still essentially machine intelligence based on big data, algorithms, and computing power, not organic intelligence. With this, human society seems to have entered a new “intelligent era” overnight.

In India, the Supreme Court of India has constituted an Artificial Intelligence Committee that has identified the application of AI technology in the Translation of judicial documents, Legal research assistance, and Process automation. The use of technology in Indian Courts has helped the Digitisation of court records, e-filing of cases and their virtual hearing, and live-streaming of court proceedings. However, Speedy, efficient delivery of justice, enabled by Digitisation has a long way to go in India.

The "use of technology in judicial proceedings can make 'ease of justice' a reality" to enable the Ease of Doing Business (link). 

"...ease of justice is equally important like ease of doing business and ease of living; Urges District Legal Services Authorities to speed up justice delivery system.." : PM Modi (Link)

Under the eCourts mission by the Govt. of India, Virtual Courts are being started. This website is about Virtual Courts – Transforming Justice Delivery through Technology where, on a pilot basis, the system is being used for adjudication of traffic and transport challans, in select cities in India.