Role of Virtual Court in Reducing Pendency of Cases in India: A Way Forward

Authors

DOI:

https://doi.org/10.53724/jmsg/v10n1.03

Keywords:

Virtual Court, Case Pendency, Judicial Efficiency, Online Hearings, Court Digitalization, E-Courts, Remote Proceedings, Court Delay, Judicial Transparency, Case Disposal Rates, Virtual Court Challenges

Abstract

The judicial backlog is becoming increasingly problematic for the effectiveness and efficiency of India's legal system. A workable solution to this issue is the creation of virtual courts. This study looks into ways to lower India's case backlog through virtual courts. It also examines ways to make court processes more efficient, raise accessibility, and enhance case management generally. Technology is used by virtual courts to hold hearings and proceedings online, which can reduce logistical and physical obstacles to justice. They lessen the delays connected with traditional court settings and enable quicker case settlement by enabling real-time communication and documentation. In addition to relieving the burden on the actual court infrastructure, this move offers a more adaptable and user-friendly platform for all parties concerned. The research delves into several aspects of virtual courts, including their operation, impact on case resolution rates, and challenges encountered in implementation. It assesses case studies and statistical data to show how virtual courts have contributed to a decrease in pendency. Additionally, it offers best practices for implementing them effectively. The research paper also includes the legal and technological frameworks needed to support virtual courts, as well as elements related to equitable access and maintaining procedural integrity.

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References

Chaudhary, D. P. N., Barbate, D. V. A., & Chaudhary, A. O. P. (2022). Issue of pendency of cases in Indian courts and way forward. YMER Digital, 21(2), 281-287. https://doi.org/10.37896/ymer21.02/29

Access to Justice: Meeting the Needs of Self-Represented Litigants. https://www.courts.ca.gov/documents/BTB24-Precon1G-1.pdf

Nagarathinam, V., Sinha, S., & Chen, D. (2024). Impact of legal access on downstream judicial and economic outcomes. https://doi.org/10.1257/rct.12930

M. (2024). Virtual Courts: A Pathway towards the Right to Access Justice in India. International Journal for Multidisciplinary Research, 6(2). https://doi.org/10.36948/ijfmr.2024.v06i02.15122

Iyer, V. (2007). The Supreme Court of India. Judicial Activism in Common Law Supreme Courts, 121-168. https://doi.org/10.1093/acprof:oso/9780199213290.003.0004

E-Courts Mission Mode Project | Official Website of e-Committee. https://ecommitteesci.gov.in/project/brief-overview-of-e-courts-project/

Pilot Project: Subject Matter Index (ACJE) | NYCOURTS.GOV. https://ww2.nycourts.gov/ip/acje/broadcast-bySubject.shtml

Delhi District Courts: Official Website. https://delhidistrictcourts.nic.in/

https://www.wc.com/portalresource/lookup/poid/Z1tOl9NPluKPtDNIqLMRVPMQiLsSw4JDm0ZC/document.name=/Dispute-Resolution-Law-Guide-2021.pdf

Official Website of High Court of Bombay. https://bombayhighcourt.nic.in/

Access to Justice During the COVID-19 Pandemic. https://reproductiverights.org/wp-content/uploads/2020/12/Access-to-Justice-During-the-COVID-19-Pandemic-Factsheet.pdf

CODE OF PROFESSIONAL RESPONSIBILITY, https://www.supremecourt.ohio.gov/docs/LegalResources/Rules/professional/professional.pdf

Sastry, D. V. (2020). Justice Delayed and Denied in India. Idea Publishing.

Pendency of court cases in India - Wikipedia. https://en.wikipedia.org/wiki/Pendency_of_court_cases_in_India

Remote/virtual court services | Mass.gov. https://www.mass.gov/info-details/remotevirtual-court-services

COVID-19 and the Courts: Lessons from the Pandemic. (2021). https://doi.org/10.7249/cfa1299-1

Negi, C. (2015). Pendency in Indian Courts - An Idea of Online Dispute Resolution. SSRN Electronic Journal. https://doi.org/10.2139/ssrn.2597817

Virtual Hearings: Operational Considerations – Benefits. https://www.fja.gc.ca/COVID-19/Virtual-Hearings-Operational-Considerations-Audiences-Virtuelles-Enjeux-Operationnels-eng.html

Accessing Justice in Hybrid Courts: Addressing the Needs of Law. https://www.law.georgetown.edu/poverty-journal/wp-content/uploads/sites/25/2023/07/Accessing-Justice-in-Hybrid-Courts.pdf

Moore, S. (2019). Digital government, public participation and service transformation: The impact of virtual courts. Policy & Politics, 47(3), 495-509. https://doi.org/10.1332/030557319x15586039367509

Remote/virtual court services | Mass.gov. https://www.mass.gov/info-details/remotevirtual-court-services

Koulu, R. (2018). Law, Technology and Dispute Resolution. Routledge.

National Judicial Data Grid, Supreme Court of India, High Courts, District and Subordinate Courts.

Published

30-07-2024

How to Cite

Sonika, & Dr. Irshad Ahmad. (2024). Role of Virtual Court in Reducing Pendency of Cases in India: A Way Forward. Jai Maa Saraswati Gyandayini An International Multidisciplinary E-Journal, 10(I), 11–23. https://doi.org/10.53724/jmsg/v10n1.03

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