Editorial: Moving closer to people

Transparency is one of the key components of an effective justice delivery system. Opaque, obscure and inaccessible system, however well-intended it may be, will only result in erosion of public faith and widen the gulf. The Supreme Court’s historic decision to live-stream the constitution bench hearings on its website is a step in the right […]

Transparency is one of the key components of an effective justice delivery system. Opaque, obscure and inaccessible system, however well-intended it may be, will only result in erosion of public faith and widen the gulf. The Supreme Court’s historic decision to live-stream the constitution bench hearings on its website is a step in the right direction and would go a long way in strengthening democracy. It would bring accountability to the legal profession and help strengthen people’s faith in the judiciary. If the common public can witness the proceedings in the apex court that address key questions concerning democracy, governance, and social issues, it would lead to greater accountability on the part of judges and lawyers. The proposal to have an exclusive platform to live-stream Supreme Court proceedings was part of the third phase of the e-courts project, which is an ambitious initiative to implement the use of information and technology in the judiciary. Though the apex court had given the nod for live-streaming in 2018, there was not much headway for nearly two years. However, during the pandemic, the SC and high courts were forced to commence virtual hearings. Currently, six high courts in the country — Gujarat, Odhisa, Karnataka, Jharkhand, Patna, and Madhya Pradesh — live-stream their proceedings through their own channels on YouTube. Live-streaming could be of immense benefit for the litigants who are unable to attend the court. Now that the videoconferencing apps allow almost glitch-free live-streaming, subordinate courts should also be encouraged to adopt the new technologies to improve their functioning. This will spare witnesses and litigants from personal appearances and minimise adjournments.

Live-streaming is a worldwide phenomenon. Constitutional courts in developed countries have their own channels. It will also help prevent disinformation and misinformation, bring discipline and improve how judges and lawyers conduct the proceedings, as they are aware that the public is watching. Such technological tools will help in bringing the judiciary closer to the people. The recent announcement on changes in the system of case listing in the Supreme Court and the daily hearing of 25 constitutional benches are part of measures to improve the functioning of the judiciary. The systemic changes should also be extended to the high courts, where over 59 lakh cases are pending. Like the apex court, around 70% of pendency in the high courts involves admission stage matters. So, similar reforms in listing must be pursued there too. The Central and State governments, the biggest litigants, have a greater role in reducing the pendency. They must upgrade judicial infrastructure, fill judicial vacancies and avoid frivolous litigation. A comprehensive set of judicial reforms is the best solution to address systemic inadequacies. Issues of pendency, delays and backlogs can be tackled to a large extent by strengthening the physical, digital, and human infrastructure of the courts.

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