VIRTUAL COURT SYSTEM IN INDIA:

An Experiment

Seminar Paper in
Criminal Procedure Code, Probation of Offenders and Juvenile Justice (Care &
Protection of Children) Act
[CrPC]

Submitted By:
Pari Agrawal [190401427051]
Batch 2019-24

Course Coordinator/ Supervisor

Prof. Bhoomanna Reddy

School of Law, Alliance University, Bangalore

Date of Submission: December 8th, 2021
 DECLARATION

I declare that the paper entitled “VIRTUAL COURT SYSTEM IN INDIA: An Experiment”
has been prepared by me and it is the original work carried out by me for the fulfillment of
the requirements of B.B.A. LL. B (Hons.) degree program of School of Law, Alliance
University. No part of this seminar paper is already formed on the basis for any examination/
evaluation or requirement of any degree.

Pari Agrawal [190401427051]

Batch: 2019-24
Date: December 8th, 2021
 ABSTRACT

The Covid-19 pandemic not only caused an economic depression but has also affected the
health and industrial sectors of the whole world. In addition to this, there was also a huge
change in how various nations perceive and serve justice without actually coming into
contact with the help of the internet.

During the covid-19 crisis, where few took it as danger, the courts took it as an opportunity to
serve justice without hindrance. With the help of increasing internet facilities and
accessibilities, India, including other nations like the United States, Brazil, Turkey, UK,
Canada, Italy, China, Singapore, Europe, Bangladesh, Nigeria, Peru, and Hungary.

The virtual courts pose to be an effective means to conduct court proceedings, removing the
geographical barriers, and increasing the productivity of courtrooms. However, it also
includes the technical glitches that come with it such as connectivity issues and various other
challenges. While on the other hand, the need for virtual courts during the pandemic cannot
be ignored as well.

This research paper will mainly focus on the E-Court Project initiated by the Parliament of
India on September 18th, 2020. It will answer the most controversial question that whether
virtual courts were appropriate alternatives for open courts during the Covid-19 pandemic or
not.

Further, the paper would discuss the benefits and advantages of the e-courts, issues, and
challenges faced while shifting to it and operating it. Moreover, will also bring to light
various situations where virtual courts were already used in India and what were the issues
faced at that time.

Keywords: Covid-19 Crisis, Virtual Courts, E-Court Project, Parliament of India

 Table of Contents
1. INTRODUCTION 1
1.1 Research Problem 1
1.2 Literature Review 2
1.3 Scope and Objectives 3
1.4 Research Question 3
1.5 Hypothesis 3
1.6 Research Methodology 3
2. WHAT ARE VIRTUAL COURTS? 4
3. THE E-COURT PROJECT 5
3.1 Phase I 6
3.2 Phase II 6
4. HISTORY OF VIRTUAL COURTS IN INDIA 7
5. BENEFITS AND ISSUES 8
5.1 Advantages of Virtual Courts 8
5.2 Challenges Faced and Solutions 9
6. VIRTUAL COURTS: SUBSTITUTE FOR OPEN COURT? 11
7. CONCLUSION 12
 1. INTRODUCTION:

The Covid-19 pandemic caused nationwide lockdowns around the world which led to
disruptions in all aspects of life. Social distancing became the new norm during this period to
curtail the spread of the deadly virus. Although, this norm has transformed various industries
around the world.

The Indian legal system has also been severely affected by this global pandemic. With the
social distancing laws and the nationwide lockdown, many law firms, the Supreme Court, and
almost all of the High Courts had to shut down its functioning in offline mode temporarily.

Although the complete lockdown was unfavourable, legal firms resorted to working from
home policies. Whereas the courts shifted to online video-based conferencing applications
such as Zoom and Webex for the virtual court proceedings1. Further, systems for e-filings, e-
hearings, and e-trails were introduced.

The Hon’ble Supreme Court’s bench, consisting of CJI Bobde, Justice D. Y. Chandrachud,
and Justice L. Nageswara Rao, on April 6th, 2020, issued a direction “In Re: Guidelines For
Court Functioning Through Video Conferencing During Covid-19 Pandemic”2. This
provided guidelines to the courts to reduce the physical presence of the litigants and lawyers
within its premises.

These guidelines cited Article 142 of the Constitution of India3 as an extraordinary

jurisdiction. According to the order, the District Courts adopted virtual court hearings through
modes prescribed by their respective High Courts. Further, it also mentioned providing video
conferencing facilities to litigants who lack such resources.

1.1 Research Problem:

What is th E-Court Project and why was it needed during the global pandemic? It will bring
light upon the history of virtual courts in India and will also analyze the pros and cons of
virtual courts. Lastly, it will answer the most controversial question of whether virtual courts
can be continued to use in the future and whether it is a proper alternative for open courts or
not?

1
Siddharth Peter De Souza, Varsha Aithala, Srishti John, The Supreme Court of India’s Vision for e-Courts:
The Need to Retain Justice as a Public Service [HTML Version], THE HINDU CENTRE, (November 13th,
2021, 8:32 PM) URL: https://www.thehinducentre.com/publications/policy-watch/article35229520.ece
2
Suo Motu Writ Petition (Civil) No. 5/2020
3
Constitution of India art. 142
1.2 Literature Review:

Varji Sharma and Jyotika Thakur, Covid-19 and the Revamping of the Indian Legal
System, MONDAQ

This article focuses on changes that the global pandemic brought to the Indian legal system. It
discusses the advantages and the challenges of virtual courts in the Indian legal culture.

Krati Sharma, Could Virtual Courts in India Allow Legal Access Even After the
Pandemic? LAW OCTOPUS

This article talks about the hearings in virtual courts in India and how the Apex Court was
split on the grounds of geographical access. Further, it discusses the E-Court Project and its
objectives and implementations. Lastly, it mentions the limitations of virtual courts and
provides suggestions to overcome such limitations.

103rd Report on Functioning of Virtual Courts/ Court Proceedings Through Video

Conferencing (Interim Report), PARLIAMENT OF INDIA – RAJYA SABHA

This report provides the history of virtual courts in India and answers the great debate: “Is
Court a place or a service?” It explains how virtual courts are different from open courts and
differentiates virtual courts, online courts, and online dispute resolution. It further presents
how legal systems of various countries continued to operate with the help of technology and
the internet. Lastly, it discusses the challenges and advantages of virtual courts and the way
forward.

Jyoti Rattan and Vijay Rattan, The Covid-19 Crisis – the New Challenges Before the
Indian Justice and Court Administration System, IACA JOURNAL

This article discusses the situation of the legal system in India before the Covid-19 crisis and
the courts’ responses to it. It also highlights the issues and challenges faced by the e-judiciary
during the pandemic.

Harikumar Pallathadka, Analysis of the Scope of India’s Virtual Court Hearings,

EUROPEAN JOURNAL OF MOLECULAR & CLINICAL MEDICINE

This research paper explains what virtual courts are, and its benefits, and their issues. It also
provides the advantages and the challenges posed by virtual courtrooms.

Papiya Golder, Future of Virtual Courts in India Post Pandemic: An Analysis, IJRAR
This research paper defines virtual courts. It explains the E-Court Project along with the
recent developments regarding virtual proceedings during the pandemic. It further highlights
the challenges faced in establishing e-courts in India and their advantages and disadvantages.

1.3 Scope and Objective:

This research will mainly talk about the E-Court Project which was introduced in the year
2006. It will also look into the history of virtual courts in India with the help of relevant case
laws to support the same.

The main scope of this paper is to analyze if virtual courts can be continued to be used in the
future as well and if they pose to be an apt alternative to open courts by referring to
statements made by Justice D. Y. Chandrachud in this aspect.

Further, it would examine the issues and challenges faced by the virtual courtrooms, the
lawyers, and the litigants. It will also highlight the advantages and benefits that come with it.

The objectives of this research paper are as under:

 To understand the definition of Virtual Court,

 To comprehend the E-Court Project,
 To know the history of virtual courts in India,
 To examine the benefits and issues of virtual courts.

1.4 Research Question:

The paper intends to address the following research questions:

 What is the future of Virtual Courtrooms in India?

 Can they be used effectively in the future as well?
 What are the limitations of virtual proceedings and how can they be eliminated?
 Are virtual proceedings a suitable alternative to open courts?

1.5 Hypothesis:

Virtual courtrooms were an appropriate option during the pandemic when open courts were
in no position to function in offline mode. Moreover, it can also be used in the future
effectively if the limitations are eradicated well.

1.6 Research Methodology:

The doctrinal method, as well as the non-doctrinal method of research, was followed for
researching this topic. Various articles and journals were referred to understand the wide
scope of the online legal system. The book titled “Online Courts and the Future of Justice”,
by Richard Susskind, was also referred to understand the difference between virtual courts,
online courts, and online dispute resolution.

Further many documents and orders issued by the Parliament of India and the Supreme Court
respectively were used as well. Certain landmark cases were referred to know the history of
virtual courts in India and were taken from SCC Online, Manupatra, Casemine, and Supreme
Court Observer.

2. WHAT ARE VIRTUAL COURTS?

The 103rd Report submitted to the Parliament of India by the Rajya Sabha4 defined virtual
courts, online courts, and online dispute resolution by citing Richard Susskind’s book titled
“Online Courts and the Future of Justice”5.

Virtual courts are where the following things are done digitally:

 Filing of the plaint and other documents,

 Payment of court fees,
 Submitting evidence,
 Hearing arguments through video conferencing,
 Witnesses giving their testimony over video conference, and
 The judge decides the case, either from the courtroom or any other place.

Moreover, a copy of the judgment or order passed by the judge is made available online on
the website of the court or through some other electronic means.

In virtual hearings, the judge, advocates, litigants, and witnesses need to be available at the
time of the hearing. While in online courts, it need not be the same, the participants of the
case need not be present at the same time.

4
Parliament of India, 103rd Report on Functioning of Virtual Courts/ Court Proceedings through Video
Conferencing (Interim Report), RAJYA SABHA, (December 3rd, 2021, 1:30 AM) URL:
https://rajyasabha.nic.in/rsnew/Committee_site/Committee_File/ReportFile/18/125/103_2020_9_16.pdf
5
RICHARD SUSSKIND, ONLINE COURTS AND THE FUTURE OF JUSTICE (Illustrated Edition OUP
Oxford 2019
On July 26th, 2019, the first virtual court was established in Delhi at the Tiz Hazari Court6.
Later, another virtual court was introduced by the Punjab and Haryana High Court at
Faridabad on August 17th, 2019, to tackle the traffic challan cases7.

On April 6th, 2020, the Apex Court gave video conferencing legal validity by passing an order
which invoked Article 142 of the Constitution of India, covering all the High Courts in the
country8. Model rules of video conferencing were circulated to the High Courts while the
District Courts adopted modes prescribed by their respective High Courts.

3. THE E-COURT PROJECT:

The e-Courts Integrated Mission Mode Project, e-Courts Project, in short, is one of the
National e-Governance projects implemented in the District and subordinate courts since
February 20079. The project aims to provide necessary hardware and software applications to
enable courts to deliver e-services, and the judicial officers to monitor and manage the courts’
functioning.

This project is based on the ‘National Policy and Action Plan for Implementation of
Information and Communication Technology (ICT) in the Indian Judiciary (2005)10’, which
was prepared by the e-committee of the Supreme Court of India to transform the Indian
judiciary by enabling ICT in the courtrooms11.

The main objective of this project is to bring technological advancements to the functioning
of the courts. Further, it strives to provide a transparent, accessible, efficient, time-bound, and
cost-effective justice delivery system to all citizens through ICT.

The proposed activities of the e-courts project are divided into two parts:

3.1 Phase-I:
6
Soumya Agarwal, Virtual Court System in Delhi, LEXLIFE (November 18th, 2021, 9:32 PM) URL:
https://lexlife.in/2020/05/28/virtual-court-system-of-delhi/
7
‘Virtual Court’ launched at Faridabad to deal with traffic challan cases in Haryana, HARYANA STATE
CENTRE, (November 18th, 2021, 9:53 PM) URL: https://nicharyana.nic.in/news/virtual-court-launched-at-
faridabad-to-deal-with-traffic-challan-cases-in-haryana/
8
Utkarsh Anand, Supreme Court’s Order to Authorise Videoconferencing Amid Covid-19 a Legal Conundrum?,
NEWS 18, (November 18th, 2021, 9:05 PM) URL: https://www.news18.com/news/india/supreme-courts-order-
to-authorise-video-conferencing-amid-covid-19-a-legal-conundrum-2583633.html
9
eCourts Mission Mode Project, DEPARTMENT OF JUSTICE, (November 18th, 2021, 10:16 PM) URL:
https://doj.gov.in/page/ecourts-mission-mode-project-0
10
Supreme Court of India, National Policy and Action Plan for Implementation of Information and
Communication Technology in the Indian Judiciary, (November 20th, 2021, 4:09 PM) URL:
https://main.sci.gov.in/pdf/ecommittee/action-plan-ecourt.pdf
11
E-Courts: About us, ECOURTS SERVICES, (November 20th, 2021, 4:12 PM) URL:
https://services.ecourts.gov.in/ecourtindia_v6/static/about-us.php
Phase-I of the e-courts project12 began in the year 2007 which intended to initiate the
implementation of ICT in the Indian judicial delivery system. This was done by providing
facilities to the courts such as computers, working internet connection via LAN, and other
required software and hardware, such as printers, scanners, etc.

This phase of the project was approved with a cost of Rs. 935 crores, out of which Rs. 639.41
crores were released13. 14,249 district and subordinate courts were computerized and out of
these, LAN was installed in 13,643 courts14. Furthermore, 13,436 courts were provided with
hardware, and software was installed in 13,672 courts15.

In addition to the above, laptops were also given to 14,309 legal officers and more than 4,000
court staff were trained in Case Information System (CIS) as system administrators16.
Moreover, digital signatures were introduced, and district court websites were made
operative.

With the help of these websites, citizens could check the status of their case by employing
their case number and other related details. One can also check daily order sheets and final
orders as well. Phase-I was concluded on March 30th, 201517.

3.2 Phase-II:

The Phase-II of the e-courts project18 was approved by the Supreme Court’s committee in
January 201419. It laid great emphasis on delivering services to the litigants, lawyers, and
other concerned parties.

In this phase, additional hardware was installed, Free and Open-Source Solutions (FOSS)
were used to install the required software. Further, all court facilities were connected to jails
with the help of video conferencing applications.

Various information on the websites of the court was made available in local languages to be
easily understood by the citizens. Mobile phone applications, SMS, and emails were widely
12
Phase-1, DEPARTMENT OF JUSTICE, (November 20th, 2021, 4:42 PM) URL:
https://doj.gov.in/page/phase-i
13
Id. 11
14
Supra note 11
15
Id. 11
16
Supra note 11
17
E-Courts Mission Mode Project, E-COMMITTEE, SUPREME COURT OF INDIA, (November 24th, 2021,
9:50 AM) URL: https://ecommitteesci.gov.in/project/brief-overview-of-e-courts-project/
18
eCourts Phase II, DEPARTMENT OF JUSTICE, (November 27th, 2021, 5:31 PM) URL:
https://www.doj.gov.in/national-mission/ecourts/ecourts-phase-ii
19
EFC Note for eCourts Project – Phase-II, DEPARTMENT OF JUSTICE, (November 27th, 2021, 12:49 AM)
URL: https://doj.gov.in/sites/default/files/Policy%20and%20Action%20plan.pdf
used for publishing information regarding proceedings, court order, daily court sheets, etc.
Moreover, online applications were also used for making payments regarding court fees,
deposits, fines, and the likes20.

4. HISTORY OF VIRTUAL COURTS IN INDIA:

Virtual courtroom proceedings have been in the picture in Indian courts much before the
global covid-19 pandemic. There have been many landmark cases in this aspect. In such case
is Krishna Veni Nigam v. Harish Nagam21.

This case is a result of a transfer petition seeking transfer of a case initiated under Section 13
of the Hindu Marriage Act, 195522. Here, when both the parties were not located within the
jurisdiction of the same court, a two-judge bench advised the parties to participate in a
matrimonial dispute by way of video conferencing.

The Apex Court held that it is suitable to use video conferencing technology to conduct
proceedings when both the parties to the case face the same trouble due to the lack of a place
convenient to both of them. It further added that proceedings can be conducted via video
conferencing if one or both parties concerned with the case request doing so.

However, this case was later overruled by the Supreme Court of India in the case Santhini v.
Vijai Venkatesh23. CJI, Dipak Mishra, and Justice A. K. Khanwilkar, in this case, held that
proceeding through video conferencing cannot be directed to use in case of transfer petition.
However, Justice D. Y. Chandrachud provided a judgment in favor of the use of virtual
proceedings.

In yet another case of M/S Meters and Instruments v. Kanchan Mehta24, the Apex Court
observed that the use of technology needs to be considered for paperless courts as well as to
reduce the crowd in the court. It highlighted the need to classify cases that are not serious
such as traffic challans and cases of Section 138 of the Negotiable Instruments Act, 188125.

5. BENEFITS AND ISSUES:

5.1 Advantages of Virtual Courts:
20
eCommittee, Supreme Court of India, Objectives Accomplishment Report as per Policy Action Plan
Document, ECOURTS PROJECT, (November 28th, 2021, 9:18 PM) URL:
https://ecourts.gov.in/ecourts_home/static/manuals/Objective%20Accomplishment%20Report-2019.pdf
21
Krishna Veni Nagam v. Harish Nagam, 2017 (3) SCALE 471
22
Hindu Marriage Act, 1955, § 13
23
Santhini v. Vijai Venkatesh, (2018) 1 SCC 1
24
M/S Meters and Instruments v. Kanchan Mehta, Criminal Appeal No. 1731 of 2017
25
The Negotiable Instruments Act, 1881, § 138
The most basic advantage of virtual courts is that it is cost-efficient and pocket-friendly for
both lawyers and litigants. It eliminates the geographical barrier for both of them to a great
extent where earlier in open courts, they both had to travel long distances. Thus, it reduces
the travel time and makes the process cost-effective.

Moreover, a lawyer can argue in any court of India just by accessing the proceedings with the
help of the internet. Various cases can be heard from several courts that too in a matter of a
day. One can argue a case in one court at a time, and another court in the next instance.

Also, the distance was used as an advantage to push the dates of the proceedings which
extended the session of the case and stalled the process of speedy trials and justice. Further
amid the global covid-19 pandemic, the virtual courtroom hearings ensured the safety of the
individuals. It also eliminates the court’s expenses on the court’s infrastructure, staff,
security, etc.

The vast database of the e-court services makes the proceedings transparent, resulting in a
more efficient procedure. The daily case logs, their files, orders, and judgments passed are all
published on the website of the courts which are available public at large. This also helps the
advocates and the litigants to prevent unnecessary files and examining of the papers.

One of the major concerns of the environment is the growing dependency on paper-based
systems. However, the Supreme Court, with the commencement of the virtual court hearings,
restricted the use of paper by modifying the filing procedures. Moreover, the database
available online makes it easier for the court to access and make changes to it, thereby
facilitating the process of speedy trial.

One of its biggest advantages is that the court has the flexibility to work 24/7. Since there is
a huge number of pending cases, the judgment of cases can be provided in a time-bound
manner.

5.2 Challenges Faced and Solutions:

The report presented before the Parliament of India regarding the functioning of Virtual
Courts highlighted the shortcomings of the virtual courtrooms26. The following were the
observations made by the e-committee:

 Digital Divide:

26
Id. 4
It was brought to the notice of the committee that a huge number of lawyers and
complainants, especially those residing in the rural and remote areas lack basic facilities and
high internet speed connection which is essential for virtual courtroom proceedings.

This will create a digital divide among these people and thereby make justice unaffordable
and inaccessible. The committee categorized the Digital divide into three categories, namely,
access divide, connectivity divide, and skill divide.

Access divide is the lack of basic infrastructure and equipment, connectivity divide is the
shortage of access to broadband connectivity facilities, and skill divide is the absence of the
skill and knowledge required to operate digital platforms.

The Department of Justice established E-Seva Kendra’s in all the High Courts and in one
District Court in each state to assist the advocates and parties to the case and provide
information regarding facilitation and e-filing. This initiative helped in bridging the access
divide.

The Committee advised the Ministry of Communications to ensure timely execution of the
National Broadband Mission to provide broadband access to everyone. It further suggested
that the Judiciary should consider more innovative steps such as introducing mobile video
conferencing application facilities for the welfare of lawyers and litigants residing in remote
areas.

 Technological Competence:

Most of the lawyers are not well versed with the operation of communication technology to
use it effectively and present their cases on a virtual platform. This might provide an unfair
advantage to lawyers who have technical knowledge about virtual platforms and law firms
that have high internet connectivity.

To eliminate this problem, a total of 30 training and awareness programs were conducted on
Information and Communication Technology (ICT) which included the judges, court staff,
and lawyers27. 25 master trainers were trained in each High Court of the State who in turn
trained 5409 master trainers across India28.

27
eCourts Achievement, DEPARTMENT OF JUSTICE, (December 6th, 2021, 12:51 AM) URL:
https://doj.gov.in/nationalmissions/ecourts-achievements
28
Id. 27
It is also recommended that the Bar Council of India (BCI) introduces computer course as
one of its subjects in the three/five-year courses for law students which will enable them to
get adapted to the online systems. It will further eliminate the scope of the skill divide.

 Poor Digital Connectivity:

One of the biggest roadblocks faced during the virtual hearings was poor digital connectivity.
Many technical glitches hijacked the online proceedings especially during the peak hours as a
huge number of people log in which thereby results in crashes of the system. This turned out
to be a major flaw.

The Committee brought to light that connectivity issue is not always due to technical glitches
on the Court’s end, but also from the side of lawyers who do not have proper bandwidth
connection.

It was noted that in the Supreme Court, there was a dedicated connection of 100 Mbps
internet network out of which only 2 Mbps was required for connectivity29. However, the
same was not the case for the other side. The lawyers did not have a strong internet
connection.

It was advised to the lawyers to use data dongles for high data connectivity. It was further
suggested to log in to the virtual hearings through laptop and not from phones or tablets as it
would consume more internet due to the background applications which could break the
connectivity.

 Open Court Principle:

The BCI expressed its concern over the credibility of virtual courts hearings as it threatens
the constitutionality of court proceedings and challenges the importance of rule of law which
is the basic structure of the constitution. It further stated that virtual courts oppose the open
court system as they provide limited access.

Emphasis was laid on the case of Indira Jaising v. Secretary-General of the Supreme Court &
Ors.30, where importance was given to the significance of live streaming of court proceedings
as an extension of the principle of justice.

29
Parliament of India, 103rd Report on Functioning of Virtual Courts/ Court Proceedings through Video
Conferencing (Interim Report), RAJYA SABHA, (December 6th, 2021, 10:12 PM) URL:
https://rajyasabha.nic.in/rsnew/Committee_site/Committee_File/ReportFile/18/125/103_2020_9_16.pdf
30
Indira Jaising v. Secretary General of the Supreme Court of India, Writ Petition (C) No. 454 of 2015
  Data Privacy and Data Security:

There were apprehensions that virtual court compromises the privacy of data and
confidentiality of discussions and the proceedings. Moreover, when virtual court proceedings
started, some software platforms were outrightly rejected as they were unsafe31.

The committee was of the view that third-party software is prone to hacking and lack safety,
thus, the Ministries of Law and Justice should develop its new software for the use of the
judicial system to handle the virtual court hearings.

6. VIRTUAL COURTS: SUBSTITUTE FOR OPEN COURTS?

The functioning of the court has changed in various aspects because of the global pandemic
and the nationwide lockdown announced by the government. This was because there were a
limited number of advocates in the courtrooms and a video conferencing system was adopted
to conduct urgent hearings.

The virtual court system was adopted only due to the pandemic; thus, it was obvious to face
some technical glitches. However, virtual Courts violate the principle of open courts which
poses to be the structure of the constitution of India.

In the case of Naresh Shridhar Mirajkar and Ors. v. the State of Maharashtra32, the courts
upheld the need for open court trial proceedings, calling it essential for healthy, objective,
and fair administration of justice33.

Further, the question of whether virtual courts can replace open courts or not was answered in
the case Swapnil Tripathi v. The Supreme Court of India34. The court, in this case, held that
the live streaming of proceedings should be in harmony with and should be an extension to
the open-court principle.

Justice D. Y. Chandrachud, in a webinar, stated that virtual courts cannot replace open courts.
He added that the judiciary resorted to virtual courts as it had no other option to keep carrying

31
Yash Agarwal, Challenges in Setting up Virtual and Online Courts in India, THE LEAFLET, (December 7th,
2021, 12:40 AM) URL: https://www.theleaflet.in/challenges-in-setting-up-virtual-and-online-courts-in-india/
32
Naresh Shridhar Mirajkar and Ors. v. the State of Maharashtra, 1967 AIR, 1 1966 SCR (3) 744
33
Prarthana Gupta, Can Virtual Courts Replace Open Court Hearings? LEGIS NATIONS, (December 8th,
10:01 AM) URL: http://legisnations.com/can-virtual-courts-replace-open-court-hearings/
34
Swapnil Tripathi v. the Supreme Court of India, Writ Petition 15777 of 2015
on the proceedings during the pandemic. However, he opined that there could be a healthy
mixture of virtual courts and open courts in the future35.

7. CONCLUSION:

In this research paper, the researcher addressed how the pandemic resulted in incorporating
new systems of interacting with the law providers and the law seekers, i.e., the judiciary, the
lawyers, and the litigants.

The judiciary, with the help of digitization, aimed to ease the access and usage of such a new
system. Thus, once the objective of adopting such a system is achieved, more cases and
urgent matters can be looked into for providing the judgment. Thus, it is reasonable to
continue to run the virtual courts for timely delivery of justice to those who seek it.

In India, a huge amount of time goes into resolving conflicts and differences between the
parties of a case. Therefore, if the e-courts project is implemented, it will help in saving costs
and time for both the courts and the litigants in the present as well as in the future.

Further, the virtual hearings will also make help in establishing faith and trust with the
general public as the proceedings will be transparent and can be accessed by any individual
with the help of the courts’ website.

Moreover, the e-courts project aims to provide a speedy, efficient, and quality justice delivery
which is also the aim of open court. However, if virtual courts are successful in fulfilling the
above-mentioned objectives, it is suitable to use it as it is cost-effective and time bound.

However, to use the virtual court hearing system, digitization must be utilized in its full-
fledged manner. The platforms used for online proceedings must be safeguarded from any
unsafe practices. Also, it must be ensured that high internet facilities are available to the
advocates to prevent technical glitches and crashing down of the servers of the courts.

35
Virtual Courts can never be a Substitute for Open Courts: Justice Chandrachud, INDIA LEGAL LIVE,
(December 8th, 2021, 10:12 AM) URL: https://www.indialegallive.com/virtual-courts-can-never-be-a-substitute-
for-open-courts-justice-chandrachud/