Technology has become a part of human life. It has helped us connect,
improve our lives, access better services, and improve every aspect of our
daily lives. The question, however, is how much technology has affected our
legal system. "Justice Delayed is Justice Denied": India's justice system
continues to suffer from a backlog of litigation and final case decisions,
making it difficult for victims to seek timely justice. 30-year-old cases are
still pending in court.
The small number of referees is often seen as the main reason for this deficit,
but the poor use of technology is also a main reason. Implementing technology in
the law is designed to avoid endless delays in administering justice. The
digitization of services has become visible across all industries as part of
e-governance, as the government has recognized the importance of e-services, but
modern technological innovations such as artificial intelligence and blockchain
are still viewed with scepticism by many.
The use of AI and blockchain has steadily increased over the years, but is
limited by the level of innovation in the industry. The use of artificial
intelligence can simplify and improve the efficiency of various industries,
while blockchain can be used to store data securely, since data is considered a
"new currency", which makes it valuable and worth protecting.
The government has conducted several studies on the use of these modern
technologies and further recognized the use of artificial intelligence and
blockchain technology for future development as part of the mission of
e-governance to understand the degree of digitization of our legal system, the
scope and benefits AI and blockchain in the system and how this contributes to
Technology has permeated every aspect of our society, be it medicine, banking,
finance or even education. India is the country that hosts the largest ed tech
company in the world. However, the question arises as to whether and to what
extent technology has found its way into the area of law. Also, the proven
advantage of technology is its ability to accelerate everything and seamlessly
connect to everyone without borders. Can delays in the administration of justice
be avoided with such a use of technology in law? As said: "Justice delayed is
The right to justice is a fundamental right. A right recognized from the birth
of Magna Carta to today's modern constitutions. This right to speedy justice was
developed in English law and has its roots in the Magna Carta of 1215 ("We shall
not sell, withhold or delay any law or right to any person").
In India, the establishment of the accelerated justice framework is a
correlative reading of the art. 14, 19 and 21. It is for the State to ensure the
protection of this fundamental right (in relation to the State Policy Directive
referred to in Article 38, paragraph 1, 39 and 39-A) and therefore this
fundamental right must measures on take legal action to ensure this.
Current Situation Of Speedy Justice In India
Although recognized and protected by the Constitution, the right to speedy
justice is a long-term goal. As in the case of Fr. Ramachandra Rao v. State of
Karnataka: "...The main reason for the underdevelopment of the judiciary in our
country is the low percentage of judges in the population......The ratio of
judges in India (based on the 1971 census) was only 10.5 judges per million
The Judiciary Commission suggested that India needs 107 judges per million
Indian population of judges in India to India 21.03 judges per 10 lakh.As the
number of court cases increases, the problem of the small number of judges is a
concern. About 4 million lawsuits are pending, according to the National
Judicial Data Grid4. According to the PRS5 Legislative Study, it increased by
2.8% annually in all jurisdictions from 2010-2020.
Since 2021 more than 4.5 million cases were pending in all Indian courts. Of
these, 87.6% of the cases were pending in the lower courts and 12.3% in the
higher courts. In the highest courts, 41% of cases lasted five years or more.For
more than a decade, a total of nearly 45,000 lawsuits have been pending in
secondary and higher courts. 21% of the cases in the higher courts and 8 in the
lower courts have been pending for more than ten years.
In 2021, more than 9.2 lakh cases were pending in 956 expedited courts in 24
states/UT (the rest have no functioning expedited trials). Almost 4.8 lakhs as
of December 31, 2019. 8,000,000 prisoners were held in Indian jails. Of these,
more than two-thirds were court cases (3.3 lakh).
This delay in hearing and completing cases, coupled with a shaky percentage of
the judicial population, is a serious problem and often leaves the common man
without timely justice. According to a report by the World Justice Project, an
estimated 5 billion people worldwide have unmet needs for justice. Both the
judiciary and the legislature have tried to streamline and speed up the process.
Technology plays a key role in this.
From Paperless Courts To Limbs
Modern technology enables courts to improve efficiency and administration of
justice. In countries like the US and UK, information technology is used
extensively in court. Computer science is a hot topic in India. in recent
years.The development of courts was seen as part of the e-governance project and
initiatives such as e-courts were launched. Several initiatives have been taken.
Specifically, these include:
The Project Mode's integrated E-Court mission is one of the nationwide
e-governance projects being implemented in Supreme Courts and District/Lower
Courts across the country.The project was developed based on the "National
Policy and Action Plan for the Implementation of Information and Communication
Technology in the Indian Judicial System - 2005" developed by the Electronic
Committee of the Supreme Court of India.
The government has computerized 14,249 districts & subordinate courts under the
project by March 2014 with a total budget of Rs 935 crore. India's first e-court
opened at the Hyderabad High Court of Justice in 2016.
NICNET is a nationwide satellite computer network that is a type of Wide Area
Network (WAN).8. All higher courts have been computerised and connected through
the NICNET network.
Started in 2017, the Tele-Law Program was created by the Department of Justice
as a model for the legal empowerment of poor and vulnerable people. Tele-Law is
designed to provide pre-trial legal advice and counsel by connecting them to
appointed attorneys via video conferencing/telephone facilities available in
village-level Shared Service Centers (SCCs).
LIMBS is an online application to track cases involving the Indian Central
Government more efficiently and transparently10. It is an initiative of the
Department of Legal Affairs (DoLA), Department of Law and Justice, and aims to
digitise the court process and track the entire lifecycle of a case.
The Future Of Technology: Artificial Intelligence (Ai) And Blockchain
Artificial intelligence (AI)
Artificial intelligence or artificial intelligence was defined by John McCarthy
as "the science and engineering of creating intelligent machines, particularly
intelligent computer programs. Using computers to understand human intelligence
involves a similar task, but artificial intelligence does not have to limit this
to biologically observable methods. Simply put, the goal of AI is to develop
systems or programs that can operate with individual independence and
intelligence.AI has improved in all major areas of society, to name but a few
include banking (to provide customer service, detect anomalies and credit card
fraud), agriculture (to find ways to grow efficiently and protect crops from
weeds), healthcare, manufacturing, and cybersecurity.
Potential of AI in justice systems
AI has already been recognized as the most important tool for the future of
justice. The United States Bar Council has recognized the use of digital data in
conducting high-speed litigation as follows:
"Standard 12-4.4 Obtaining and Using Information to Advance Cases -
Jurisdictions should strive to use modern technology information systems to
inform courts and all to assist other organisations involved in the course of
criminal proceedings to quickly collect, store, disseminate and retrieve
information about the case, and should organize the flow of information to
enable prosecutors and defense to obtain reliable information , and to enable
the court to have reliable information to make decisions" 12.In India, the
SUPACE implementation shows growth Usability tool AI.SUPACE or Supreme Judicial
Efficiency Assistance Portal13 was developed to to process huge case data and s
ie for the provision to sort the judge.
Whatever technology we introduce into the justice system, the overarching goal
is to make the justice system more accountable, accessible and efficient for
ordinary citizens, as Gregor Strojin, Chair of the Ad Hoc Committee on
Artificial Intelligence (CAHAI) of explains the Council of Europe: "If we want
to work on increasing efficiency, we must also keep in mind the important aspect
of justice in the eyes of the citizens: it is based on trust in the functioning
of the system.
2017 The Department of Trade and Industry established an AI task force in to
"advance the use of AI in India's economic transformation". support the goal of
becoming one of the leaders in AI-rich economies. "Court System and Professions
Law firms rely heavily on analytics and decision making. AI-powered software and
actions can intervene with lP's legal department to process cases more
efficiently and quickly.
- Legal Analytics:
Artificial intelligence can be used to implement forensic analysis. Legal
analysis is the science of drawing conclusions from large amounts of data15.
Forensic analysis will help lawyers and judges make data-backed decisions.
Forensic analysis can provide lawyers with powerful insights because it
relies on big data. Using a variety of AI-powered analytics tools, attorneys
can get the data they want that would otherwise require hours of manual
- Contract Review and Contract Analytics:
It takes a long time to manually check and secure those aspects of the
contract that are still prone to human error. Using AI to automate the
contract review process can mitigate the error problem and save time.
Various startups such as Lawcheck, Klarity and Clearlaw are developing AI
software that can detect errors and acceptable portions of a transaction. In
addition, contract renewals and the protection of contractual rights and
obligations are often a problem, especially in large companies with multiple
contracts. Artificial intelligence-based contract analysis can help
organizations stay informed. be able to track renewal and expiration
- Legal Research and Legal prediction:
Legal research has been transformed by the intervention of software. In the
past, legal research had to be done by hand, trawling through tons of case
law and peer-reviewed journals. With the advent of software, this has been
digitized. But this software like Manupatra and LexisNexis does not yet have
the necessary intelligence to provide exactly the data that the researcher
needs. By developing AI-powered search systems that analyze vast amounts of
data, researchers have better and faster access to the data they
want.Furthermore, using predictive analytics techniques, it is possible to
determine the outcome of court cases based on the analysis of previous cases
and similar facts to previously closed cases.
- Legal Guidance:
AI-powered chatbots can help provide legal advice to citizens. These
applications can be used to create questions and answers that serve as a
legal tool to resolve user requests related to the law. AI can be used in
ways that make the common man more legal. This can bring them closer to the
judiciary and its ability to administer justice and protect people's rights.
Blockchain is a secure method of data storage. Data is securely stored in blocks
that gradually form a chain. A hash is created for all data stored in the block.
Hashing is a process algorithm that converts a large amount of data into a fixed
size. For example, the word "mouse" can be cryptographically converted to
"1f43156th1" using a hash function.This conversion makes your data irreversible
and gives you more security for your archived data.
This security and transparency feature that blockchain offers has made it a core
technology in many industries.Blockchain technology has been in the spotlight
since the inception of Bitcoin, creating value for money. Gradually, blockchain
has spread to other industries, notably banking and finance , the insurance
sector of the capital markets for insurance, supply chain management, health and
medical records management.Potential of blockchain in the judiciary.
Countries such as China, the United Kingdom and Sweden have already adopted
blockchain in their judicial systems. A notable entity in the blockchain space
is the Global Legal Blockchain Consortium, which includes various law firms,
corporations, and universities.
The consortium aims to "ensure the integrity and authenticity of data in
contracts, documents and similar data, the confidentiality and security of data
in contracts, documents and communications, the interoperability between legal
services and law firm services, the improvement of efficiency and Cost savings
in operations for legal departments and law firms that use blockchain to enhance
and extend existing legal technology investments by adding significant
functionality to legacy systems to extend their lifespan."17
In India, the concept of implementing the use of blockchain in the legal sector
was proposed by NITI Aayog in his report titled "Blockchain:
The India Strategy Part I"18 in which he presents the actual need to use this
technology without yield in the existing legal system useful to use. The central
government recognized the importance of blockchain to the mission of
e-governance, believing that "blockchain has applications in health, governance,
cybersecurity, automotive, media, travel, logistics and hospitality, education,
law, energy and smart cities and so on". 19.
The blockchain can have many applications in the legal field, such as B. smart
contracts, land registers, intellectual property rights, litigation and
commercial agreements and transactions.
- Smart Contracts:
Currently, contracts are written manually, which is prone to human error.
Blockchain can change this by creating a contract that can be executed
automatically based on certain pre-coded requirements i.e. a smart contract.
Smart contracts are programs that can be programmed in such a way that the
execution of each action depends on the compliance with predetermined
These parameters are coded in the software and are executed step by step as
follows. For example, intelligent programs can be coded step by step, such
as: - First: user or attorney signature to the software with valid
credentials, Second, parties create attorney-approved digital software.
Third, all required parties can sign the agreement. Fourth, the agreement is
transferred to the blockchain, where it is approved and rejected if any of
the codified steps are not followed by the parties when drafting the
contract. One of the problems with implementing smart contracts is the
availability of developers who can create such software that can identify
legal contracts. Experienced lawyers must work closely with the developers
in such a scenario.
- Evidence in electronic form:
During the trial phase, if authorized by law or court order, the blockchain
can be used by the judiciary to authenticate and certify electronic
evidence. The evidence collector can collect evidence and upload it to
blockchain servers. Using blockchain, electronically stored evidence can not
only be verified as genuine, but also allow judges to easily eliminate false
- Protection of IP rights:
Blockchain technology can be used to enter into licensing agreements related
to intellectual property. The annual and lengthy registration of a new IP
address, which is just as important as the transfer of existing property
rights, can be eliminated via the blockchain. Blockchain technology in the
IP space can also help identify and distinguish the original product from a
duplicate. Blockchain-based ledgers storing IP rights data will enable
better authentication and enforcement of participants' intellectual property
- Criminal Cases:
The criminal justice system would benefit from blockchain technology. The
records created by the blockchain could be used by various stakeholders,
from law enforcement officers to surveillance officers. Changes in the legal
status of the accused could be documented immediately. Various parties such
as victims could be kept informed of the status of the accused. Cases could
be registered in the blockchain system.This will give the public better
access to information. Interested parties can receive updates spontaneously.
This leads to transparency in the system, which makes it easier to have an
overview of all data.
Finally, transparent, secure, and time-stamped blockchain records can be useful
in court cases. Technology is constantly evolving, and skepticism may arise from
many quarters regarding issues such as knowledge gaps related to coding and
cryptography, which need to be considered by the judiciary and government before
investing seriously in AI and blockchain technology.
It is an important factor reflecting the prosperous future of artificial
intelligence and blockchain technology in India. With the technology
infrastructure supported by artificial intelligence and the emerging blockchain,
there is clear room for development in all areas.
Written By: Krishna Kumar