Digital Justice in India: Efficiency, Exculsion And The Future Of Courts In The Tech Era

Introduction: The Rise of Digital Justice in India

Access to justice, an integral facet of Article 21 of the Constitution of India, has undergone a significant technological transformation over the past decade. The Supreme Court has consistently held that the right to life includes the right to fair, timely, and effective access to courts. Against this constitutional backdrop, India’s judicial system has gradually embraced digital tools to address delays, pendency, and accessibility gaps.

While the COVID-19 pandemic acted as a decisive turning point by accelerating the adoption of virtual hearings, the movement towards digital justice predates the pandemic through initiatives such as the e-Courts Mission Mode Project. According to official data from the Supreme Court’s e-Courts Committee, Indian courts conducted over 27 million virtual hearings between 2020 and 2023, reflecting one of the world’s largest experiments in court digitisation. This transformation, however, raises critical constitutional and institutional questions regarding equality, fairness, and exclusion in access to justice.

Digital Courts: Efficiency Gains and Institutional Legitimacy

Digital courts have undeniably enhanced procedural efficiency within the Indian judiciary. Virtual hearings, e-filing systems, and online case management tools have reduced adjournments, travel costs, and administrative delays. The e-Courts Project reports that virtual courts have disposed of over two crore petty traffic cases, demonstrating the capacity of technology to decongest the judicial system. Several High Courts, including Delhi and Karnataka, have also noted improved disposal rates through hybrid functioning models.

Judicial legitimacy of technology-driven courts has been affirmed by the Supreme Court in Swapnil Tripathi v. Supreme Court of India (2018)., where the Court recognised the role of technology in enhancing transparency and access to justice. More recently, the Supreme Court has emphasised the need for hybrid hearings, acknowledging that a complete shift to virtual courts may not be suitable for all litigants. These judicial observations reflect an institutional recognition that digital justice must complement, not replace, physical court access.

The Digital Divide:Social Disadvantage to Constitutional Concern

Despite efficiency gains, digital justice has exposed deep structural inequalities. Limited internet access, low digital literacy, and inadequate infrastructure disproportionately affect rural populations, senior citizens, women, and economically weaker litigants.

When court access becomes contingent upon digital connectivity or technical competence, the issue transcends administrative inconvenience and enters the realm of constitutional law.Technological barriers may amount to indirect discrimination, implicating Article 14 (equality before law) and Article 21 (fair procedure). When similarly placed litigants are treated unequally due to their inability to access digital platforms, the constitutional promise of equal access to justice risks dilution. As courts increasingly rely on online mechanisms, the State’s obligation to ensure substantive equality becomes more pronounced.

Data Protection,Transparency and Judicial Information

The enactment of the Digital Personal Data Protection Act, 2023 marks a pivotal development in India’s digital legal framework. Grounded in the Supreme Court’s recognition of privacy as a fundamental right in Justice K.S. Puttaswamy v. Union of India, the Act imposes obligations on entities processing personal data while granting enforceable rights to individuals.

However, the application of data protection norms to the judiciary raises complex questions. Judicial records often contain sensitive personal data, yet courts also operate within a constitutional framework of transparency. The Supreme Court in CPIO v. Subhash Chandra Agarwal acknowledged the delicate balance between the Right to Information Act, 2005 and the right to privacy. As court databases expand through digitisation, judicial data increasingly qualifies as sensitive personal data, demanding heightened safeguards without undermining open justice principles.

Artificial Intelligence in Courts: Assistance, Not Adjudication

Indian courts have adopted a cautious approach towards artificial intelligence. AI-assisted tools such as SUPACE (Supreme Court Portal for Assistance in Court Efficiency) have been introduced strictly as research and data-management aids. Judicial leadership, including statements by Chief Justice D.Y. Chandrachud, has clarified that AI will not replace judicial reasoning or decision-making.AI-assisted tools have thus been positioned as supportive mechanisms, not adjudicatory authorities. This distinction is crucial to preserving judicial accountability, transparency, and public trust. Concerns regarding algorithmic bias, opacity, and data security reinforce the need for ethical boundaries and human oversight in judicial AI deployment.

Cybercrime & Cyber Regulation: Procedural Challenges

The rapid expansion of digital systems has been accompanied by a sharp rise in cybercrime. Offences relating to online fraud, identity theft, and data breaches increasingly come before criminal courts. The legal framework under the Information Technology Act, 2000, particularly Sections 43, 66, and 72A, provides statutory grounding for cyber offences, yet enforcement remains uneven.

Jurisdictional complexities, delays in cyber forensics, and inadequate technical capacity of investigative agencies continue to hamper effective prosecution. The rise in cybercrime underscores the urgency for procedural reform, specialised cyber courts, and faster digital evidence protocols to ensure that technological advancement does not outpace legal accountability.

Government Initiatives: Impact and Implementation Gaps

Government-led initiatives such as the e-Courts Project Phase III, National Judicial Data Grid (NJDG), and e-Sewa Kendras reflect a strong policy commitment to digital justice. While these measures have improved data accessibility and reduced procedural delays, implementation remains uneven, particularly at the district court level.

E-Sewa Kendras aim to bridge the digital divide, yet their reach and effectiveness vary significantly across states. Infrastructure gaps, staffing shortages, and limited public awareness raise questions about whether these initiatives sufficiently address grassroots exclusion. A critical evaluation suggests that technological reform must be accompanied by sustained investment in training, infrastructure, and institutional capacity

Conclusion: The Road Ahead for Digital Justice in India.

India’s digital justice journey reflects both institutional ambition and constitutional tension. Technology has enhanced efficiency, transparency, and judicial reach, yet it also risks reinforcing existing inequalities if deployed without adequate safeguards. The constitutional promise of justice under Articles 14 and 21 demands that digital innovation remain inclusive, accessible, and fair.

Digital justice must remain a tool of empowerment, not a gatekeeper otherwise, technology risks becoming a new barrier in the path of justice.