Court delays and high caseloads continue to be critical areas requiring urgent attention in India’s legal reform efforts. A significant milestone in judicial reform was achieved on August 16 at the Kerala High Court with the launch of “24×7 ON Courts”. These courts have been established in Kollam district with the support of Public Collective for Avoidance and Resolution of Disputes.
The “Open and Networked Courts” system, which superimposes an IT layer onto process modifications, will be implemented at the end of September, and will initially handle cheque-bouncing cases. The insights gained from this pilot will significantly impact the legal system, which continues to struggle with delays and a high case backlog 77 years after Independence.
Various factors have been identified as contributing to delays in the legal system, including a substantial number of cases, an insufficient number of judges, untimely delivery of summons to parties, frequent adjournments and unpredictable scheduling of hearings. While some of these issues are deeply ingrained and lack straightforward solutions, many can be effectively addressed through the implementation of enhanced IT systems that optimise court processes.
The “24/7 ON Courts” system is meticulously crafted to provide a comprehensive suite of facilities. Litigants, lawyers and law clerks will be granted secure login credentials to meticulously monitor the progress of their respective cases. The system will facilitate the online filing of cases and applications for adjournments, streamlining the legal processes. A sophisticated scheduling system will be implemented to efficiently list matters in court.
Additionally, a comprehensive list of tasks will be made available to all stakeholders, clearly outlining the expected next steps and responsibilities. The system will seamlessly integrate with ePost, an Integrated Core Policing System (iCoPS) for summons and warrants, and provide judges with intuitive dashboards that offer real-time insights into case progression.
Furthermore, this will enable both parties to reschedule hearings in advance to prevent adjournments. If a party is unable to attend court, it may request rescheduling of the hearing. Parties commit to specific dates based on availability, prior to the next hearing. The adoption of this system by the Kerala High Court is a significant accomplishment, considering the general reluctance from courts to innovate on process reform.
One of the key recommendations for legal reform has been the separation of judicial and administrative functions. In a hospital, the surgeon performs the surgery, while the administrative staff handles maintenance, staffing and scheduling. Courts have yet to achieve this separation, but the new system may change that. Streamlined processes could free up judges’ time for more substantive matters.
In any case, the IT system should represent an improvement over the current operations. Many existing inefficiencies can be addressed if the system can provide predictability regarding hearing schedules and facilitate online hearings, eliminating the need for individuals to travel significant distances. Additionally, it would be beneficial if the court registry could communicate with both parties regarding non-judicial matters without the need for a hearing, and if lawyers could submit their arguments asynchronously.
The system generates comprehensive data on the various processes within a court setting. Currently, there is a lack of precise information regarding the duration of cases, the number of hearings prior to closure, the parties seeking adjournments, the reasons behind such requests and the potential friction points. Most analyses have focused on a limited portion of the data available on High Court websites, which does not provide these specific details. Furthermore, analysing the operations of district courts presents an even greater challenge.
The system will guarantee that the data is minimally gathered and preserved. Anecdotally, a cheque-bouncing case, if one were to observe a court proceeding and tally the minutes of actual trial time, likely amounts to less than two hours, but is protracted for over two years. This novel system will provide insights into such inefficiencies.
This system should provide the judge with a comprehensive overview of the current situation and any specific obstacles that may arise. For instance, if a particular party consistently requests adjournments, the judge can inquire as to the underlying reasons for such requests. The reasons for adjournments will be meticulously documented, offering insights into the parties’ motivations for resolving the case. Furthermore, when the data is disseminated to the broader ecosystem, as it should be, it will contribute to the generation of valuable knowledge regarding various aspects of the justice system and its impact on the overall economy.
Technology offers valuable assistance in resolving friction, yet it falls short in addressing the underlying incentive issues that plague any system. For instance, parties may intentionally fail to appear or continuously seek adjournments as such delays can serve their interests. While an IT process does not directly tackle this incentive issue, it can bring such patterns to light, thereby raising awareness.
Furthermore, the effectiveness of an IT system is inherently limited by the quality of the processes it is built upon. If the underlying process is cumbersome, the IT system can enhance its efficiency, but cannot fully transform it. Therefore, it is essential to continuously strive for improvements in process design within courts.
It is crucial to exercise caution regarding unforeseen consequences. The present innovation has been implemented in instances of bounced cheques. If incentives prevail over technology, parties may modify their contracts to circumvent a more efficient process. In extreme cases, post-dated cheques may be replaced with alternative forms of collateral. The full impact of the system can only be ascertained over time. This is not to imply that systems should not be established, but rather to emphasise the necessity of carefully evaluating the direct and indirect outcomes resulting from such interventions.
The 24×7 ON Court is especially significant because it introduces changes at the magistrate’s court level, which faces the highest case backlog and receives the least policy attention. It is hoped that this experiment will motivate the Kerala High Court to extend the system to other matters. Additionally, it may inspire other High Courts to critically examine their challenges and develop innovative solutions.
In the near future, the whole of India will establish virtual courts that operate 24/7 to handle a broader range of cases. Currently, these virtual courts are limited to addressing traffic challans. The law ministry has extended an invitation to judicial academies, law universities, IIMs and IITs to participate in a comprehensive research study on this subject.
Virtual courts, managed by virtual judges with state-wide jurisdiction and 24/7 availability, can revolutionise the legal system. This innovative approach eliminates the need for physical court appearances by litigants and judges, streamlining the judicial process and enhancing accessibility to justice.
Presently, there are 21 virtual courts operating across 17 states and Union Territories. These courts are dedicated to handling the efficient disposal of traffic challan cases. According to the ministry, these courts have successfully processed over 2.4 crore cases, resulting in the collection of online fines amounting to over Rs 360 crore in more than 33 lakh cases.
—By Abhilash Kumar Singh and India Legal Bureau