The Supreme Court has done well to issue a set of directions to the lower courts to conduct their sittings and hearings through video-conferencing as the normal functioning of courts with the presence of judges, lawyers, litigants and others in the room is not possible now. Social distancing norms make the usual functioning of courts difficult. None of the parties can, in any case, physically reach the court during the lockdown. The apex court said that video-conferencing was being used by it and the high courts, and other courts should also use new technologies. District courts were told to adopt the new method of working, and presiding officers have been given the power to take the necessary decisions. The court issued the directions under Article 142 of the Constitution and has made it clear that the switchover is not ‘’a matter of discretion but of duty”.
Some high courts have actively started hearing cases through teleconferencing. Apart from judges, court staff, lawyers and journalists have participated in such proceedings from their homes or offices. The shift to such facilities should have taken place without being prompted by the fight against Covid-19. The national e-governance plan of 2006 had proposed the setting up of paperless e-courts with teleconferencing facilities. Digitisation has taken place in some areas but the adoption of modern technologies by courts has been slow in all states.
The lower courts should follow the Supreme Court’s directions without fail because it is these courts that affect the lives of citizens most. State governments should ensure that they get all the infrastructure and facilities which are required for the purpose. There is a large backlog of cases in all courts. If the courts do not function for many weeks, the case burden will only increase. It should also be ensured that some of the new facilities which are being used now will continue to be used even after the coronavirus goes away. The experience gained through the use of new technologies should help the courts to retain them later. The new technologies will not only fast-track the working of courts but will also make their functioning more transparent. They will increase the efficiency and productivity of the staff. Initial hiccups and difficulties are likely because of technical and other reasons but the new system will become normal and convenient in due course. Some high courts like the Delhi High Court have issued very detailed guidelines on how the proceedings in the district courts are to be conducted. These are useful for courts everywhere and should be adhered to in the interest of not only quick, but correct, delivery of justice.