The Indian judiciary is one of the most critical pillars of democracy, playing a fundamental role in upholding the rule of law, safeguarding constitutional rights, and ensuring justice for all. In a vibrant yet young democracy like India, the judiciary often serves as the ultimate protector of democratic values and fundamental freedoms, especially in times when legislative actions or executive decisions may overreach. Despite its flaws, the judiciary has consistently provided a platform for redress and protection, earning the trust of the citizens over the decades.

However, the COVID-19 pandemic in 2019 presented an unprecedented challenge, bringing much of the world to a standstill. The Indian judiciary was no exception, as the pandemic severely disrupted the traditional mechanisms of justice delivery. Courtrooms across the country were forced to close their doors, exacerbating the already overwhelming backlog of cases and casting doubt on the judiciary's ability to function during such crises. Yet, in the midst of this disruption, the pandemic also acted as a catalyst for significant change.

The Indian judiciary, traditionally slow to embrace digital innovation, was pushed to adopt new technologies to continue its essential functions. This period saw the rapid implementation of digital solutions, from virtual hearings to e-filing systems, marking a pivotal shift towards a more modernized judicial framework. This transformation, though driven by necessity, underscores a broader realization: the digitalization of the judiciary is not just a temporary fix but a crucial step towards ensuring a more accessible, efficient, and transparent justice system in the long term. As India continues to adapt to this new digital reality, it is essential to reflect on the journey of judicial digitalization, its successes and challenges, and the implications for the future of justice in India.

The Advent of Technology in the Judiciary: A Historical Perspective

The journey toward digitalization in the Indian judiciary began long before the pandemic reshaped the world. The seeds of e-governance were sown in the late 1990s, culminating in the enactment of the Information Technology Act, of 2000, which set the stage for future digitization efforts. The Supreme Court's e-Committee formalized these ambitions with the 'National Policy and Action Plan for Implementation of Information and Communication Technology in the Indian Judiciary 2005, laying a strategic foundation for technological integration in the courts. A major milestone came in 2006 with the launch of e-courts as part of the National E-Governance Plan (NEGP).

This initiative aimed to revolutionize the judicial process by enhancing transparency, accessibility, and cost-effectiveness. Key objectives included the computerization of court proceedings and establishing interconnectivity between subordinate and higher courts, thereby streamlining the judiciary's functioning. Despite the promise of these early digital efforts, the path was fraught with challenges. Budget constraints, inadequate infrastructure, and a general lack of public awareness hindered the full implementation of the e-courts system.

Many subordinate courts, as well as some High Courts, struggled to meet the goals set out in the project's first phase. Additionally, tools such as the Supreme Court App and the E-Court Services App, introduced in 2017, saw limited adoption due to technical literacy barriers and insufficient public outreach[1].

A notable example of progress came from the Allahabad High Court under the leadership of Chief Justice D.Y. Chandrachud. He initiated a landmark project to digitize approximately one crore case files within a year, showcasing a commitment to technological advancement. Another significant development occurred in 2017 when the Supreme Court approved the use of video conferencing for matrimonial cases in Krishna Veni Nagam v Harish Nagam (2017 4 SCC 150)[2], though this directive was later short-lived.

The Supreme Court further advanced the cause of transparency by permitting live-streaming of cases of constitutional and national importance in 2018, as seen in Swapnil Tripathi v. Supreme Court of India (2018 SCC OnLine SC 1667)[3]. These milestones underscore the judiciary's gradual but determined march towards embracing technology, setting the stage for the transformative shifts that would be accelerated by the pandemic.

Digitalization Amidst the Pandemic: A Turning Point

The pandemic underscored the limitations of the pre-existing digital infrastructure. With the courts unable to operate normally, the backlog of cases swelled, exacerbating an already critical issue. The e-courts system, designed for normal circumstances, proved inadequate in the face of the pandemic's challenges. This situation necessitated a reinvention of justice delivery in India, leading to the emergence of the term "e-judiciary."

Unlike the e-courts, e-judiciary represents a comprehensive digital transformation of the judicial process, including online proceedings, virtual hearings, digital interactions between judges, and the online issuance of orders and judgments. This leap forward is more than just a response to the pandemic; it is a blueprint for the future of the judiciary[4].

The concept of virtual hearings, which gained prominence during the pandemic, has revealed significant potential benefits. By enabling faster case disposal, reducing paperwork, and facilitating remote participation, virtual hearings can play a crucial role in addressing the judiciary's long-standing issues with delays and inefficiencies.

AI in the Indian Judiciary: A Transformative Journey

Artificial Intelligence (AI) is revolutionizing India's judicial system by addressing critical challenges like case backlogs and inefficiencies. The integration of AI tools, such as SUPACE for judicial decision support and SUVAS for language translation, is streamlining routine tasks like case management, scheduling, and legal research. These advancements are not only accelerating processes but also making the legal system more accessible to India's diverse population[5].

The COVID-19 pandemic acted as a catalyst, accelerating the judiciary's adoption of AI and virtual hearings. This shift was not just a temporary response but a lasting transformation, making the judicial process more efficient, transparent, and adaptable to modern demands. Under the leadership of Chief Justice D.Y. Chandrachud, the Indian judiciary has embraced these technological changes, marking a significant step towards modernization. AI's impact extends beyond efficiency.

By automating routine tasks and analysing large datasets, AI supports judges in making more informed decisions, thereby improving the quality of justice. For example, in the Jaswinder Singh v. State of Punjab[6] case, the judiciary utilized AI (ChatGPT) to gain insights into bail laws, demonstrating AI's role as a consultative tool that enhances, rather than replaces, human judgment[7].

However, the adoption of AI brings challenges, particularly concerning potential biases in AI algorithms and the need for transparency. Ensuring AI's fairness and ethical use is crucial. This requires continuous monitoring, clear guidelines, and a commitment to maintaining human oversight in judicial decisions. The integration of AI in India's judiciary is a transformative movement that promises to address longstanding issues of pendency and inefficiency. It aims to make justice delivery faster, more accurate, and more accessible, while ensuring that technological advancement complements, rather than compromises, judicial fairness[8].

Conclusion: A Balanced Approach to Digitalization
The pandemic revealed deficiencies in India's judiciary while also highlighting opportunities for digital progress. For India to achieve superpower status, a robust, well-supplied justice system is indispensable. However, digitizing the courts will only succeed with concurrent initiatives to boost societal digital proficiency. Transforming India's judiciary digitally is more than an ambition; it is compulsory for ensuring rights in our rapidly evolving world. By adopting technologies, the judicial system can enhance effectiveness and availability as well as model worldwide best practices. India's future justice lies in an interconnected digital framework that safeguards founding principles while delivering verdicts with unprecedented depth and swiftness.

Complex cases may take more time but basic matters could find rapid resolution through streamlined online procedures. As artificial intelligence integrates, opportunities will emerge to personalized services and predictive analytics, augmenting human capabilities. With diligence and coordinated modernization, India can construct a judicial temple for all.

To conclude, the infusion of Artificial Intelligence (AI) and digital tools in Indian courts is a landmark change on how justice will be administered. The digital revolution in the judiciary>> The COVID-19 pandemic, while being a challenging period for all of us was also an effective catalyst that spurred change and drove many courts to adopt virtual hearings as well as AI tools such SUPACE & SUVAS. In the process, not only have these innovations sorted out aging issue of backlogs in cases but they also now assist bringing transparency and streamlining as well broader reach to legal smoother criminal justice processes!

Under the leadership of Chief Justice D.Y. Chandrachud, the Indian judiciary has embraced modernization, using AI to enhance judicial decision-making and streamline processes. However, this advancement is accompanied by challenges that cannot be overlooked. Ensuring that AI is used ethically, avoiding biases in algorithms, and maintaining transparency are critical to preserving the integrity of the judicial system as it evolves.

Ultimately, the digitalization of the judiciary, coupled with the integration of AI, holds the promise of delivering justice that is faster, more accurate, and more accessible. Yet, it is imperative that this technological progress is balanced with the core principles of judicial fairness and human oversight, ensuring that justice remains equitable as it adapts to the demands of a digital age. As India continues on this path, the focus must remain on leveraging technology to enhance, rather than compromise, the fundamental values of the judicial system.

References:

• Digitisation will ensure speedy, efficient delivery of justice, (May 28, 2022), https://indianexpress.com/article/opinion/columns/technology-digital-system-speedy-justice-lawyers-court-system-law-judicial-records-cases-live-streaming-ecourts-covid-7940283/.
• (2017 4 SCC 150)
• 2018 SCC OnLine SC 1667
• Vijay Rattan (2021) "The COVID-19 Crisis – the New Challenges Before the Indian Justice and Court Administration System". Available at https://iacajournal.org/articles/10.36745/ijca.391.
• Aditi Prabhu, Artificial intelligence in the context of the Indian legal profession and judicial system, (Aug. 12, 2023), https://www.barandbench.com/columns/artificial-intelligence-in-context-of-legal-profession-and-indian-judicial-system.
• CRIMINAL APPEAL NO.2027 OF 2012
• LI Network, The Integration and Impact of Artificial Intelligence in the Indian Judiciary, LAW INSIDER INDIA - INSIGHT OF LAW (SUPREME COURT), (Jan. 1, 2024), https://www.lawinsider.in/columns/the-integration-and-impact-of-artificial-intelligence-in-the-indian-judiciary.
• AI in the courts, The Indian Express (July 11, 2021), https://indianexpress.com/article/opinion/artificial-intelligence-in-the-courts-7399436/.
• Aditi Prabhu, Artificial intelligence in the context of the Indian legal profession and judicial system, (Aug. 12, 2023), https://www.barandbench.com/columns/artificial-intelligence-in-context-of-legal-profession-and-indian-judicial-system.
• Diganth Raj Sehgal, Digitalization of Indian courts amid coronavirus pandemic - iPleaders, IPleaders (Oct. 28, 2020), https://blog.ipleaders.in/digitalization-of-indian-courts-amid-coronavirus-pandemic/.

End-Notes:

1. Digitisation will ensure speedy, efficient delivery of justice, (May 28, 2022), https://indianexpress.com/article/opinion/columns/technology-digital-system-speedy-justice-lawyers-court-system-law-judicial-records-cases-live-streaming-ecourts-covid-7940283/.
2. 2017 4 SCC 150
3. 2018 SCC OnLine SC 1667
4. Vijay Rattan (2021) "The COVID-19 Crisis – the New Challenges Before the Indian Justice and Court Administration System". Available at https://iacajournal.org/articles/10.36745/ijca.391.
5. Aditi Prabhu, Artificial intelligence in the context of the Indian legal profession and judicial system, (Aug. 12, 2023), https://www.barandbench.com/columns/artificial-intelligence-in-context-of-legal-profession-and-indian-judicial-system.
6. Criminal Appeal No.2027 OF 2012
7. LI Network, The Integration and Impact of Artificial Intelligence in the Indian Judiciary, Law Insider India- Insight Of Law (Supreme Court, (Jan. 1, 2024), https://www.lawinsider.in/columns/the-integration-and-impact-of-artificial-intelligence-in-the-indian-judiciary.
8. AI in the courts, The Indian Express (July 11, 2021), https://indianexpress.com/article/opinion/artificial-intelligence-in-the-courts-7399436/.