News By/Courtesy: Jeffy Johnson | 03 Apr 2020 16:17pm IST

HIGHLIGHTS

  • Importance of Law and Justice System
  • Electronic access to hearings
  • Electronic Filings

All of us are in the middle of an extraordinary realm of change in law and justice system. This phase is the consequence of the outbreak of the most unexpected pandemic COVD 19. Not only India but the whole world is being affected by this. The loss of life is very high and this is overtaking the right to life. Now the state can exercise their governance and control over individuals due to this emergency. Such a virus will come and go the question is regarding the law and justice system. The fundamental reform can ensure that the justice delivery system is not hampered.  And also the smooth working of the executive of the state. Firstly electronic access to hearings this is very convenient to transact. The realisation that the practical works cannot be complete. The factor of actual control is always drawn to the courts and to maintain checks and balances it's very essential. This has made access to justice through electronic means not so successful. If the gap of actual control and electronic hearing can be bridged then it will be a new scope in the justice delivery system. Secondly, an electronic filing which means making citizen-friendly access to justice with original jurisdiction from higher to lower courts. It can be different for different courts which means it can be scanned images and other documents that are not searchable. India response to the Centre is very prompt. Supreme Court uses Article 141, 142  and directs to the suspension of limitation. E-filing ensures uniform text searchable digitally signed judgements and pleadings, which is a permanent characteristic. Practitioners and judges cannot be expected to work in the electronic medium suddenly. It is not fair to impose such changes without due notice and intimation. Many lawyers can adapt to such changes for those who cannot there will the problem arise. As resources and data cannot be stored in multiple versions. The only drawback of the second reform is whether the legal personals will be able to cope with technological advancement. The fact that the reforms are risking the judicial side of the State is affected and the functioning is questionable because of the pandemic. During such critical times, lawyers and judges also must protect and defend the Constitution. To ensure access to justice at all times despite the condition there be a proper strategic plan and attention with the help of technology taken to ensure more effective functioning.    

 

 

Section Editor: Pushpit Singh | 03 Apr 2020 18:44pm IST


Tags : Functioning of SC in Pandemic

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