Introduction

Courts are an integral part of our society and are required to keep functioning so as to
maintain law and order. They are a necessary fixture not just for a section of the
community but everyone

Courts are an integral part of our society and are required to keep
functioning so as to maintain law and order. They are a necessary
fixture not just for a section of the community but everyone at large. It
is impossible to imagine the regular working of a nation without the
regulatory supervision of the judicial system, even for a short period of
time. This has been brought to light via the recent COVID-19
pandemic which called for a complete lockdown on all services to
avoid the spread of the virus. The only solution which was recognised
also by the Supreme Court was to turn to digitalizing legal
proceedings through the medium of video conferencing. (1) This only
goes to justify the understanding of courts as a ‘service’ and not a
‘place’. The object of this article is to emphasize upon the significance
of using modern technology to conduct court proceedings to not only
prevent disruption in the justice delivery system but also streamline
the future of the Indian judiciary.
Unprecedented times to act as a needed
impetus
India has been preparing for this leap towards the virtual world for
over 15 years now. The Indian Government established the e-
Committee of the Judiciary in December 2004, which has overseen
the steady adoption of electronic infrastructure by courts across the
country. (2) They had suggested video conferencing and recording
facilities for courts and jails in all states in their 2014 report. This was
initially meant for sensitive cases such as child abuse, domestic
violence matters and sexual abuse incidents and then was to be
steadily applied to other areas as and when the need arose. The
Objectives Accomplishment Report (2019) of Phase II of the e-Courts
Project states that as many as 3,388 court complexes and 16,755
courtrooms across India have already been computerised and video-
conferencing equipment has been provided to 3,240 court complexes
and 1,272 jails. (3)
Therefore, the current pandemic is only going to push forward a stone
that was ready to be in motion, i.e., the path towards hearings on
video conferences and taping of records was already set out since
2004 but not put into action completely. The chairman of the Supreme
Court E-Committee, Dr. Justice Chandrachud held a video conference
with chairpersons of the computer committees of various high courts
on April 04, 2020, to ensure that courts could conduct urgent hearing
matters through video conferencing and also to enable e-filing of
documents and affidavits consistent with Section 6 of the Information
Technology Act. (4) This shows that the usage of technology to
operate courts or more appropriately e-courts is not impossible and
must continue on a long term basis for reasons as listed in this article.
Necessity/Advantages of e-Courts

ii) As per the established practice, the documents and submissions made are filed in at
least duplicates or triplicates depending upon number of judges, etc. if we substitute these
practices with e-filing of documents we can save substantial quantities of paper. E-filing
of appeals / paperbooks is a very achievable goal since most records are already
available / submitted in soft form before lower authorities.With video conferencing and
especially e-filing facilities we can go paperless which will have huge benefits not only
from making our offices paper free, but in turn will have far reaching environmental
benefits also since being humane and not disturbing the ecological balance is one of the
biggest takeaway this pandemic has or should have taught us.

(iii) Video conferencing can be used in almost any kind of legal matter including bail
application, remand hearing, civil matters like matrimonial disputes, criminal
proceedings, etc. as has already been the practice in India in special cases. The sole
requirement of the act is that the court just requires the oral evidence to be made before it.
Hence, the evidence can be presented before the courts by the way of video conference or
other electronic means as well.

(iv) Remote-conferencing i.e. video conferencing from remote locations will help us
overcome the geographical hurdle in physical appearances. Lawyers or litigants can be
situated in one state and still appear for a case in another state, in India. Now, this
achieves dual purposes, we contain the spread of disease and help the problem of
overcrowding in courts in general and we can maximise our resources, save time and
money in travelling to different courts or tribunals and therefore redirect our efforts in
achieving higher productivity.
Video-conferencing must now be seen as a long-term alternative method of conducting
hearings, incorporating it in the functioning of court will be a matter of great
convenience. It will enable those involved in litigation to appear from remote locations
and thereby allow one to work from home etc. which will again enable social distancing

(v) Another great aspect of remote conferencing is that it will help lessen pollution as
well as traffic congestion on account of lesser travel to courts across the country. Video
conferencing facilities will allow lawyers to appear pan-India and limit travel to matters
which cannot be conducted virtually or due any other reason thereby reducing our carbon
footprint and saving the environment.

(vii) Digitalization of operating systems has always brought out more efficiency and
transparency. Video conferencing will further help to bring out more transparency as the
entire hearing can be recorded and kept as an archive for future reference, keeping alive
the spirit of courts of record.

(viii) To make the process more workable, lawyers and counsels can circulate in advance
the written submissions of the arguments which they would like to plead before the
judges during video conferencing (to primarily supplement what their submissions are).
Assigned time can be given to each side to present their case, this will enable to
streamline hearings and it will result in faster disposal of cases.

(ix) Like the two houses of parliament, High Courts and Tribunals can have their own
television channel or webcasts on the internet where they broadcast proceedings of the
court live. This of course has to be done keeping in mind the nature of case and
sensitivity of the issue. This initiative will help bring about more awareness about the
process of Indian judiciary and therefore more transparency. It will enhance public
participation through live links, especially in matters of national interest and importance.

(x) Speaking of creating records for future references, creation of a digital library
containing legal-reference books, commentaries, bare acts, case laws all in a single place
will not only help with spread of knowledge but also conduct research for a particular
case. It is also important that access to this library be kept free or at a minimal charge of
fees so that really everyone can benefit from the same.
(xi) To show that remote conferencing and work is possible, many law firms and CA
firms in India have already geared up and are conducting their work from home, opening
possibilities for this to be extended to all fields

(xii) While initially conducting proceedings on a pilot basis, tribunals, like the ITAT, can
consider onhearing of small/covered/SMC matters, however, ultimately the goal should
be to make this a "permanent" rather than a "stop-gap" temporary solution. This may
require investment in technology and gadgets both by the Bar and the Bench, which can
already be seen as fructifying through the current directive to use unspent funds from
phase II of E-courts project.

(xiii) It will help in reducing the pendency of cases through faster disposal via remote
hearings. Justice Madan B. Lokur in-charge of E-Committee of the Supreme Court said
that “twenty-five to thirty per cent of cases in the lower judiciary are pending because
summons does not get delivered to parties.” This would be possible through e-mail
summons/ SMS summons.

Inculcation of e-Filing
Courts can mandate compulsory electronic filings and registering of pleadings/
applications with synopsis of arguments and law relied upon. In the ordinary course,
based on the pleadings, synopsis and written submissions filed, the Judge can pass
speaking orders that are published (or issue notices that can be communicated
electronically to all parties).

While it can be expected that written submissions can be the primary mode for case
presentation, the concerned bench may require oral hearings in certain cases where the
assistance from the lawyers presenting arguments in a time bound manner over video
conference would meet the ends of justice. The reluctance in using video conferencing to
conduct hearings is partly due to the secrecy of the process, however by sending links of
the live proceedings on all news channels who will broadcast the same for the public at
large, such a hurdle would be overcome. Rule 4(1) of the ITAT Rules, 2017 allows that
"A Bench shall hold its sittings, either physically or through the video conferencing, at
any of the places where benches are situated or at such other place as may be authorised
by the President in this behalf.” It can be thus seen that the 2017 amended rules provided
for virtual hearing, it is only a matter of execution of the said rules.

Changes bring about certain challenges

(i) A Video Conference call requires a computer along with a video-camera and a good
quality internet connection, to be able to see, speak and hear clearly. Since a majority of
Indian population live in poorer economic conditions, affording a PC system plus a
regular working Internet connection is a matter of luxury one cannot afford, a computer
becomes even rarer as one moves towards lesser developed areas.

(ii) There is also a problem of ignorance in handling technology in our country. While
one of the reasons being lack of access to a computer due to weaker financial conditions,
the other reason pertains more to the overall attitude towards technology. Where it is seen
that the younger generation is more open to embracing new technology, i.e. tech-savy, the
older generation is reluctant to let go of traditional methods, resulting in a general lack of
skills in operating computers and technology.

(iii) To shift the perspective a little bit, the quality/ speed of the internet in India, is much
slower as compared to other countries. As of March, 2020 India ranks 130 out of 141
countries in terms of average mobile Internet download speed, with India’s average 4G
download speed of 10.15 Mbps being far lower as compared to the top ranked country,
United Arab Emirates having an average speed of 83.52 Mbps. (5) This results in voice-
cracking or distortion of video during the video-conferencing call, which creates a
dangerous situation if the judges mis-hear the parties to litigation.
(iv) Video-conferencing, at present, requires dependence on third-party applications or
websites to conduct hearings. The Home Ministry has issued an advisory stating that the
use of ‘Zoom’ is not safe for government offices citing it as “unsafe and vulnerable to
cyber attacks”. (6) This is especially concerning as the Hon’ble Supreme Court and some
High Courts like the Bombay and Telangana High Court, etc. are making use of the
Chinese based website/ application ‘Zoom’ to conduct hearings through video-
conferencing. In order to continue the use of video conferencing and e-filing and online
document transfer in daily court proceedings creating a website or application which is
India-based and Government approved will become essential, primarily from the point of
view of security.
(v) Speaking of creating a whole virtual infrastructure, one of the challenges usually
faced is that of ‘overloading’ or ‘crashing’ of government websites or applications. One
of the reasons it occurs is when a lot of people are trying to access the website or
application at the same time. It is important that appropriate measures are taken like
regular maintenance and continuously monitoring the site performance. It is also
important that these websites are user-friendly and easy to navigate.
(vi) Sharing data virtually also brings with it security concerns. Incidences of government
websites and AADHAR data being hacked has been reported in the past. Leaking of
information can significantly impact the case of a litigant and it will also be a gross
violation of their right to privacy. Steps like using ‘captcha codes’ or ‘one-time
passwords’ on the user-end and employing high-end firewall security, etc on the creator’s
end should be taken.

(vii) End of lockdown poses us with 2 questions, whether this method of conducting
hearings will be dropped once the lockdown is lifted or will it be gradually incorporated
and used for conducting hearings initially on a pilot basis of small/ covered/ SMC matters
and ultimately to all other hearings? If we drop this method, it will be counter-
revolutionary to the digital India movement. But employing this alternative will require
significant investment in technology and gadgets as well as creating a system of schedule
and guidelines for its smooth functioning by both bar and bench. Both the options have
their own pros and cons but the scales clearly tilt in the favour of going digital
permanently and not seen as a ‘stop-gap’ thing.

Response of Judicial systems across the world

during the times of pandemic
The Supreme Court of India has announced that only matters urgent in nature shall
proceeded with. It regularly issues updated guidelines to conduct hearings via video
conferencing via ‘Vidyo’ but also Skype, Whatsapp and any other application if the need
arises and has impressed upon using e-filing for filing petitions and other documents. It
has also set up a helpline for assistance with e-filling and video conferencing. Various
High Courts like the Bombay, Delhi, Madras, Karnataka and Orissa have cancelled their
summer vacation, for the High courts as well as their subordinate courts, to make up for
the working hours lost to COVID-19 lockdown. The National Green Tribunal too has
announced cancellation of summer vacation.
In case of Telangana HC, all benches will function through video-conferencing from 20th
April, 2020 onwards (7) . Previously it had operated through “virtual courts” where the
judges would be present in one court room and the advocates for the respective matter in
another court room, through video conferencing (8) .Gujarat High Court has been one of
the most progressive courts in this front. A press note released by Gujarat HC informed
that on 15th April, 2020 it heard a total of 111 matters out of which 59 were disposed of.
These matters were heard via video-conferencing from the respective residences of the
Judges. It has also installed a Sanitization Tunnel from which all the personnel entering
the premises will have to compulsorily pass through. (9) Gujarat HC has also heard a
Habeas Corpus Writ via video conferencing, the bench directed the police at the Rajula
Police Station not to bring the 15 year old girl, hailing from Jharkhand, to Ahmedabad but
to produce her before the HC Bench through video conferencing by taking her to the
court of Court of Additional District Judge, Rajula in Gujarat. (10)
In the rest of the world, the Supreme People’s Court of China, in February, has urged
courts at all levels to guide litigants to file cases or mediate disputes online, encouraging
judges to make full use of online systems. From February 3 to March 31, 2020 about
150,000 cases were heard online by courts nationwide (11) . China has also set up
“Internet courts” which handle litigation procedures online from filing a case to issuing
judgment documents.
In the UK, the enactment of the Coronavirus Act provides for greater use of audio/video
hearings. Courts in the UK have made arrangements to conduct proceedings through
telephones, video and other technology; ‘Skype for business’ is largely relied upon.
Italian and Australian Courts too are gradually increasing the use of video-conferencing
for its activities.

In the US, courts are using multiple audio and video conferencing technologies to host
oral arguments, initial appearances, preliminary hearings, arraignments, misdemeanor
sentencings, and other procedures remotely. The many technology options being used and
tested by the Judiciary include AT&T Conferencing, Court Call, Skype for Business,
Cisco Jabber, and Zoom. (12)
Challenges are not insurmountable
The obstacles that lie in the path to e-courts and virtual litigation appear in the forms of
digital illiteracy or not being tech-savy, poor internet connectivity in many areas of India,
technical glitches and privacy concerns that arise while using video conferencing
platforms. However, these obstacles can be overcome through the means of the Digital
India programme launched by Hon’ble Prime Minister Shree Narendra Modi in 2015. The
aim is to produce a digitally empowered society and knowledgeable economy. Already
ex-Chief Justice of India Deepak Misra and Law and Information Technology Minister
Ravi Shankar Prasad have launched e-filing, e-payment options, National Service and
Tracking of Electronic Process (NTSEP), Supreme Court Legal Services Committee
(SCLSC), and user manual and awareness guide for services offered under the e-Courts
programme, in accordance with the judiciary’s digital india initiative. The Digital India
Initiative has been a game changer. Under the said programme, the entire E-Courts
project is a free open source project which saved more than Rs 1,670 crore of the public
exchequer, showing the capabilities and readiness in terms of infrastructure.
Lastly, with regard to privacy concerns that have cropped up in the recent past, these are
currently being remedied. For instance, Zoom has updated its privacy policy and terms
and conditions after the uproar over its security and usage of personal data of users of the
service. (13)
Therefore, such worries will soon be a thig of the past leaving the road to full digitization
of litigation in the form of virtual hearings and e-filing completely open and achievable
permanently.

(1) Decision passed on 6 April 2020 in Suo Motu Writ (Civil) No 5 of 2020
(2) ECOMMITTEE SUPREME COURT OF INDIA POLICY AND ACTION PLAN
DOCUMENT PHASE II OF THE ECOURTS PROJECT (as approved on 8th January,
2014)
(3) https://ecourts.gov.in/ecourts_home/static/manuals/Objective%20Accomplishment
%20Report-2019.pdf
(4) https://www.livelaw.in/top-stories/justice-chandrachud-chairperson-of-sc-e-
committee-confers-with-hc-judges-on-video-conferencing-web-hosting-of-proceedings-
154758
(5) https://www.speedtest.net/global-index
(6) Home Ministry division issues guidelines for safe use of Zoom amidst security
concerns reported by Bar and Bench as on 16th April, 2020.
(7) [COVID-19 Lockdown] All Benches of Telangana HC to function via Video
Conferencing from Monday, Registrar seeks travel permission for staff.
(8) Virtual Court Notification dated 21st March, 2020
(9) Hearing through Video Conferencing from Judges Residences – Gujarat HC. Date
15th April, 2020.
(10) HEARING OF HABEAS CORPUS WRIT PETITION THROUGH VIDEO
CONFERENCING. Date 21st April, 2020.
(11) Court cases heard online rise 453% year-on-year
(12) Courts Deliver Justice Virtually Amid Coronavirus Outbreak
(13) https://www.tomsguide.com/news/zoom-privacy-issues
(With inputs from Aasavari Kadam and Anushka Mehta, Law students from the Government Law
College, Mumbai)

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Benefits of Electronic Filing

Electronic filing is becoming increasingly popular because of the wide
array of benefits it brings to the table:

1. Convenient and flexible

E-filing has brought about increased flexibility in the filing of taxes and
is a lot more convenient since one’s taxes can now be filed from the
comfort of their home or workspace at their own time. They can do it
whenever they wish to, as it no longer serves to be a 9 to 5 task.

2. Saves time and money

E-filing saves a huge amount of time and money. When taxes are e-
filed, whether it be for businesses, professions, or individuals, the data
is directly transmitted online from the e-filer’s servers to the tax
agency’s servers. The process saves a lot of time and money from
transferring data from paper to online input and saves the agency from
making transmission errors.

E-filing also reduces time and effort for both the tax agency and the
taxpayer because it is generally much easier and faster to process e-file
tax returns than paper returns, thereby saving a lot of time on both
ends.

3. Increased accuracy

Since transmission errors and the like can be avoided through e-filing, it
leads to increased data records accuracy and the overall tax filing
process.

4. Less room for manipulation of records and window dressing

E-filing leaves less room for manipulation of data records and window
dressing. With e-filing, online data availability and interconnectivity are
much more profound, and linking or tracing data back to a tax-paying
unit is made much easier and faster with e-filing.

5. Increased authenticity and accountability

E-filing has also led to increased authenticity to the process of tax filing
and increased accountability on both the tax agency and the taxpayer.
Paper filing is slightly more ambiguous because there is high ambiguity
on the receipt of tax papers and tax records.

With e-filing, notification throughout the tax filing process and/or

confirmation of receipt or rejections are delivered within 24 hours,
thereby increasing the level of certainty of the entire process. It makes
it less ambiguous than it usually is via the paper filing method.

Limitations of Electronic Filing

While there are innumerable benefits to electronic filing, it also comes

with certain limitations, such as:

1. Complicated software

E-filing is an easy task for trained professionals or tax agents. However,

the use of e-filing software is not taught everywhere and hence can be
complicated to use for tax-paying units that file their own taxes without
using the services of a tax agent or a trained professional.

Additionally, since it is a relatively new process, the knowledge of e-

filing is not widespread. Not many individual tax-paying units are aware
of the knows-and-hows of the e-filing process.

2. Security

E-filing involves a tax filer to put their faith in the security of their
internet connection, the software, the hard disk with data, etc.. Still,
electronic systems are not short of security breaches.

The process involves the storage of highly sensitive financial data

electronically. A hard disk crash could lose all data; an unethical
hack could potentially make one incur massive losses, and so on.
Security is one of the biggest concerns that come with e-filing.

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