The previous article in this series listed some recent attempts at reform, some ad hoc, others less so. In this article, we catalogue reform initiatives based on information and communication technology (ICT). Such ICT tools can have several elements?video conferencing, publishing, word processing, storage management, regional languages, inter-communications, fingerprint recognition, internet and e-mail, encryption and recognition of digital signatures, voice recognition and recording, imaging and scanning, web-enabled technology, bar code technology, document management and database management.
Ad hoc computerisation within the judiciary can be dated to 1990. A more systematic attempt dates to the constitution of the E-Committee in January 2005, under the chairmanship of Justice GC Bharuka. This led to a National Policy and Action Plan for Information and Communication Technology Enablement of the Indian Judiciary, approved in August 2005. The National Policy contemplated ICT implementation in three phases over a period of five years, and in June 2006 this was declared as one of the mission mode projects under the National E-Governance Plan. In February 2007, a budget of Rs 442 crore was sanctioned for the first phase.
Phase I of the three-phase project will extend over two years and incorporates the following: creating computer rooms and Judicial Service Centres in all 2,500 court complexes; establishing digital inter-connectivity between all courts from the taluka level to the Apex Court; providing state-of-the-art video-conferencing facilities to the Supreme Court, High Courts and all District Courts; providing WiFi facilities in the Supreme Court and High Courts; providing around 15,000 judicial officers with laptops; providing extensive ICT training to judicial officers and court staff; making arrangement for awareness programmes and training modules for lawyers; creating well-structured databases, with user-friendly retrievable facilities; facilitating digital archiving for the Supreme Court and the High Courts; creating e-filing facility in Supreme Court and High Courts; upgrading ICT infrastructure in the Supreme Court and High Courts; enabling extensive process re-engineering and change management exercises; developing comprehensive and integrated customised software applications for the entire judicial system, with regional language support.
Other than capacity-building, especially for subordinate court judges, one positive externality will be a National Judicial Data Centre that can provide litigation trends. ICT modules will be available for assessing work performance and will facilitate case-flow management and on-line accessibility of orders, judgements and case-related data. Case status, judgements and orders will be instantly available through the Net, kiosks and judicial service centres. Lawyers, in and around court, will have wireless connectivity and there will be facilities for e-filing in the Supreme Courts and High Courts. Under-trial prisoners could be digitally produced and examined through video conferencing.
Phase II will have a duration of two years and will extend ICT coverage of judicial processes from filing to execution, including administrative activities, through the following: complete automation of registry level processes; digitisation of law libraries and court archives; digital availability of case laws, statute laws and law literature through the Indian Judiciary website; availability of video conferencing facilities in all court complexes; facilities for e-filing in all District and Subordinate Courts.
This will extend the coverage of the processes mentioned earlier, from the Supreme Court and High Courts to District and Subordinate Courts. Delays, discretion and corruption at these lower levels will thus be minimised.
Phase III will be for one year and will create information gateways between courts and public agencies and departments, such as police stations, prisons, land record and registration offices. Biometry will also be introduced in the third phase.
The National E-Courts project for computerisation of courts was formally launched on July 9, 2007. The Supreme Court?s daily orders, case status and cause lists are now available on the Net. The Supreme Court?s website is fairly useful and also provides information on the Supreme Court rules, in addition to provisions for e-filing. However, the quality of information available for High Courts is extremely variable. If ICT usage takes off, online dispute resolution may also become possible.
The author is a noted economist. This article is coauthored with Aditya Singh
