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E-Walk Of Indian Legal System Towards Virtual World

By Prachi Bajpai

To meet the exigencies and to keep the system of “Access to Justice” functional the deployment of courts via video conferencing or E-Court was immediate decision taken under leadership of present Hon’ble Chief Justice of India and virtual courts started functioning since 26 March of Year 20. We witnessed this drastic and major shift in legal system in whole country. While State High Courts disposed of cases in hundreds, needless to say different District courts have disposed of cases in lakhs. 

Within less than two months of introduction of virtual courts the Apex Court of the country in its efforts to create a new working environment on 15th May 2020, took a big leap towards virtual world by hosting first ever webinar and conducted a live demonstration of advance E-filing module. The said software is developed by E- committee of Registry of Supreme Court of India headed by Hon’ble Dr. Justice D.Y.Chandrachud.    

Though ‘Legal Bar’ with consensus feel and voiced in many occasions that virtual courts during pandemic is best available solution however does not deny its limitations and is not ready to accept it as replacement for convening physical Courts.

The new software was welcomed with full zeal and enthusiasm by both Bench and Bar. The Hon’ble CJI addressed the Bar made his remark “half the battle is won with the change of mindset”. Whether it is introduction of virtual courts or software to justice seekers and facilitators was accepted as a result of pandemic which provided an opportunity to explore new options to keep system of access to justice function with efficiency and transparency. 

The demonstration of software was given by the team member mentioning in detail its key features and its use in different situations which may be faced by advocates while filing cases electronically. How an advocate may initiate filing and upload documents and check cases filed by them. It was also explained how to make payments of court fee and sign documents electronically. It also has the provision for taking e-assistance in case an advocate is not well versed with electronic filing or not techno savvy. It was informed to ‘Bar’ that for attending E-Court hearing a virtual link will be provided in advance and an advocate by using same shall be able to get connected to virtual court for pleading his case.  

The demonstration of advance e-filing module ended with remark as the day will be remembered in history of Apex Court of Country having largest democracy.

Even though many difficulties faced by members during virtual court hearing and not finding it effective parallel to physical court hearing, members of ‘Legal Bar’ welcomed introduction of new advance e-filing module as great initiative however with many doubts in mind such as it may prove as technical jugglery which can be handled and mastered by few.

Only time will tell us whether this initiative of Supreme court of India will prove as success. It is certain that Legal System of the country is heading towards virtual world with fast pace and with great hope to explore unseen dimensions.

The Author is an Advocate-On-Record In the Supreme Court of India

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