In its efforts towards modernization, the Indian judiciary has embraced digital transformation with the introduction of e-filing system. This initiative represents a significant change aimed at improving access to Indian courts and reducing the ongoing backlog of cases. However, this digital revolution has faced several challenges that have hindered the complete success of the system.
In September 2023, e-filing was made mandatory in Lower Courts of Maharashtra to increase convenience, speed and responsiveness during court proceedings. However, many errors and redundancies have made the system inactive, still heavily dependent on physical files.
“The e-filing system has improved efficiency by reducing paperwork and enabling remote submissions, but the transition has not been seamless. We as lawyers face various problems while e-filing such as technical glitches, server outages, difficulty in paying court fee challans, verification Delay/examination in court etc,” says Jitendra Sawant, a criminal defense lawyer practicing in Pune.
“Most importantly, the entire e-filing process cannot be run without internet, which is a major problem in the court and its premises. There are extreme network and internet problems, which make it very difficult to file certain applications during ongoing hearings in the court. Besides, there is lack of technical support. There is limited availability, and most of the court staff are also not trained to deal with the problems faced by lawyers on a daily basis,” adds Sawant.
The judiciary’s digital push is a necessary step toward modernization, but it risks alienating those who can’t keep up, according to Sawant. “While the digital future promises efficiency and transparency, it can also widen the gap between tech-savvy practitioners and those senior advocates struggling with the transition, fundamentally changing the legal landscape in ways that may not always be inclusive. The concept of e-filing was introduced to reduce the use of paper but To be honest, the target has not been met, the use of paper is the same as before,’ says Sawant.
49,58,821 cases have been filed through the e-filing process till August 2024 under the third phase of the e-Court Mission Mode project which was implemented last year. Besides this, 1,365 e-service centers have also been opened across the district. Courts to ensure this improved access to justice through the use of technology. The e-seva centers aim to bridge the digital divide by providing access to judicial services to citizens, especially those who do not have easy access to technology.
“E-filing has become a game-changer for individuals and firms in rural and under-resourced areas, breaking barriers that once seemed remote to justice. For example, imagine a farmer in a remote village in Maharashtra facing a land dispute. E-filing and e- Through service centers, farmers can now file their cases online, track hearing dates via text messages, and be able to attend virtual hearings when needed, saving time and money does and empowers them with direct access to the legal system, which was previously out of reach,” says Advocate Parth Chanchalani, Founding Partner, Chanchalani Law World.
The push for digitization of filing systems has trumped questions of ethics, digital literacy, and even sound systems that can prevent cyber-attacks without falling victim to any type of malware. “A collaborative approach involving academic research can aid in the digital transformation of judicial structures. This process includes analyzing data protection frameworks, assessing digital literacy levels among stakeholders, identifying infrastructure gaps, investigating algorithmic bias in AI-powered legal tools, and addressing potential cybersecurity risks.” is included,” says Dr. Shaista Peerzada, Associate Professor of Ajen Patil University.
“By prioritizing these areas, such a cooperative strategy can prevent damage to court institutions and, in turn, help create a more egalitarian and productive digital justice framework by bridging the gap between theoretical ideals (such as Wikipedia-style open access) and practical realities (eg. (such as Delima’s structured legal databases),” adds Dr Peerzada.
Many law universities in India have started incorporating e-filing modules into their curriculum. The goal of this initiative is to ensure that future lawyers are proficient in using these systems as they evolve and become more effective.
“In terms of e-filing and other practical processes, we have integrated modules in our academic curriculum. In our sector, there is a significant emphasis on internships that incorporate these systems, which allow us to learn more effectively,” says Sakshi Kirad, a law student at ILS Law College, Pune.
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