With the presidency towns, the lex loci were English laws, and the establishment of the judiciary’s Pyramids configuration that we know of in the present junctures was laid way back by the British codified law. The introduction of the Indian common law is outlined back to 1726 when a Mayor’s Court in Madras Bombay and Calcutta was founded by the East India Company. This was the significance of the company’s transformation from a trading company to a ruling power. The beginning of modern Indian public law appeared in 1833 with the creation of the Indian law delegation which inequitable time (1861) elicited the Indian penal code and deceased the codes of criminal and civil procedure.”
Justice systems fulfill a significant role in ensuring social equity and esteem for fundamental rights.
However, a well-founded functioning justice system not only helps society practice and execute their fundamental
rights, it is a vital factor that stimulates attention and can steer economic growth.
The fact, however, is that billions of people across the world lack equal
and beneficial passage to justice. An assessed 4 billion people living extraneous, the preservation of the rule of law because of their frontier positions in the state. The problem in accessing justice can arise in a well-documented ‘cycle of decline’ within susceptible societies – straight in progressive nations – which feeds a nasty loop of legal and non-legal crises.
Among extra consequences, this impact is economic privation and public exclusion.
Inhabitants in many regions constantly record uncertainties in accessing both criminal and civil justice. Provide
access to criminal justice, measured in time required to secure convictions in serious and minor crimes,
and length of captivity without confidence among other variables.
The ability to access civil justice is a hurdle. Many types of barriers increase the costs of
turning to courts, which discourages individual citizens and especially small business owners from seeking
protection from the formal legal system. procedures, barriers such as complex procedures, lack of linguistic interpreters, or physical distance of
court facilities, as well as costs.
Opaque government processes and limited availability of court information are a deterrent from
attempting to access the court system, and a hurdle to overcome for litigants.
CREATING SMART COURTS:
When reasonably formulated and executed, digital methods can help courts optimize and refocus inward
strategies, enhance assistance to users, and Democrats castigate passage to justice. Many government
services, arbiter systems around the world are proceeding to turn to digital solutions to grasp their
crises. Amid the many challenges that justice systems face, no two court systems are
similar, and all have unique obstacles. Hence, there is not one way but many ways for a court to
While the court system custom of the software is as old as the computer, the improvement of the Internet and
cloud computing services have largely improved the scope of problem-solving solutions accessible to courts.
Today, myriad tools are handy that can address different facets of the operation of courts and citizen’s
commerce with them. This spectrum from internally-facing executive tools, to systems for retaining
the virtue of and making available court records, to externally facing resources and interfaces for court
users, to platforms to enhance the speed and accessibility of courtroom proceedings.
Enterprise resource planning — Court systems are organizations that face challenges familiar
to many in the public and private sector: how to best allocate resources, including efficiently
managing finances, administering human resources, and running internal processes. There
are many options currently available that can support these functions to help administrators
run their organizations more efficiently. These can range from discrete software applications
for particular functions to more thorough digital transformation solutions to reinvent legacy
systems and optimize processes.
Public information and virtual help desk — Lack of publicly available information on law and
court procedures can discourage citizens from even attempting to access courts to seek
justice. Online resources (optimized for access and use via computers and smartphone
devices) can make information on law, legal resources, and court procedures instantly
accessible to those with an Internet connection. Functions like a virtual help desk can go one
step further and enable citizens to navigate these resources or respond to many of their
common inquiries and needs.
Case management systems — These solutions build upon document management systems to
enable not just electronic access to documents, but integrated processes for tracking the
progress of and taking actions related to a case throughout its lifecycle. These integrated
systems can help judges and administrators track cases, as well as enable individual citizens
and citizen advocacy groups to monitor the progress of specific cases.
Collaboration tools — Collaboration tools can come in many different forms and can be
components of document and case management solutions. For example, they can enable
direct communication, annotation of documents, and commenting between the various
parties of a case and the judge. These can expedite hearings, and enable better advanced
coordination between the parties.
Video conferencing and virtual presence — Cloud-based videoconferencing tools enable
parties to a case to participate from a remote location. These are often sufficient for routine
or preliminary procedures. Often employed when utilized in connection with minor
infractions, these tools can speed court proceedings and reduce burdens associated with
transporting incarcerated defendants by allowing them to attend their hearing virtually from
their prison. For those with limited mobility or economic means, video conferencing can
facilitate and lower the time cost of accessing justice through courts by allowing them to
participate from a location and electronic device of their convenience, whether their personal
computer or smartphone or a device at another public facility.
Courts in several countries have found productive uses for these solutions. Some, such as the Dubai
International Financial Center (DIFC) Court or the Abu Dhabi Global Markets (ADGM) Court, have
implemented integrated, comprehensive solutions that address all aspects of user interaction and staff
operation. Essentially, they designed fully digital courts from scratch.
Key Benefits of Digital Court :
Courts face resource pressures as do other parts of the government. However, an ever-growing caseload
is not always coupled with a growing allocation of government resources; the result is often delayed. Digital
transformation empowers administrators to run their operations more effectively and do more with less.
Enterprise resource planning tools that manage finance functions and human resources apply equally to
both court systems as well as other large public and private sector organizations. Other applications
tailored to the needs of court administration can, for example, streamline the processing of court
submissions or case files, which can have a beneficial trickle-down effect on the end-user in terms of faster
responses to their submissions.
Public trust is a key component supporting the effectiveness of the justice system, but one that is sorely
lacking in some countries. Corruption and opaque court operations are a roadblock for many systems.
While there is no substitute for a commitment to ensuring the impartiality of judges and prosecutors,
technology can help the justice sector improve accountability through different means, including: the
development of mechanisms that improve access to information (e.g., enabling free access to transcripts,
court records, and judgments online); mechanisms to provide feedback such as court user
surveys and grievance redress (e.g., Kenya’s judiciary dialogue cards); and, ensuring that administrators
and community advocates can maintain visibility to processes that are prone to corruption.
Courts and tribunals have a fundamental mission for society – ensuring justice for all citizens. Yet, marginal
and disadvantaged communities often face barriers that discourage them from seeking justice. Here too,
digital transformation can help ensure that more people maintain access to justice by reducing costs of
interacting with the justice system. New modes of digital transformation have the potential to
democratize access to justice. They empower citizens to more effectively use the justice system without
relying on intermediaries such as law firms and other gatekeepers.
the COVID-19 pandemic has caused vast disruption across the entirety of the criminal justice.
“People don’t want courts; they want the outcomes courts bring”. Even if that was the closing note that Professor Richard Susskind made, it is of high importance to answer the question of how would it be possible to provide state-based dispute resolution to solve the problems that people have, what is an online court and what is meant by the term “transformation of the public services”? To start with, there are some key issues that should be taken into consideration. The first is the problem itself, in particular, that around 46% of people in our world live under the protection of the law, while in most countries judicial processes are taking long time to be processed or are just expensive for people.
When it comes to the UK, it could be said that the court system does not operate effectively, in other words, it is “fundamentally broken” and needs to be replaced. So, the question here is what’s the fundamental value that our court system delivers to society and whether a digital society is able to deliberate that in an entirely new way? The answer can be found in the mind-set concerning the future of courts and the discussion about the automation and transformation. Automation is what people have on their minds when they are talking about technology, while transformation is concerning the way technology allows achieving goals that were impossible before. In this vein, we are evidencing the transformation of public service. The “1st generation issue” is consisted of two components: the system of online courts and online judges and the extended court. The online judges will be human-judges that will electronically be receiving the evidence while giving the decision to it in the same manner. This means that the communication between the two parties will be based on a “digital dialogue”. Based on the need that our society has, and the assumption that “our court system should do more”, the extended court will help people to organise their evidence, to find some answers to their questions from people who will be working as “case-officers”, not judges. And that would be the “extended court”.
According to Professor Susskind, this system has many benefits, for example, that it will be easy-accessed and cheaper, while in the name of justice some critics and lawyers will try to reduce injustice. But there are some objections. For instance, that these services are concerning “economy-class courts”, or that the trial will not be fair, or that those who do not have access to the internet will be digitally excluded. Nonetheless, having this kind of service will probably encourage people to be more litigious. The “2nd generation” concerns the huge amount of data that are absorbed, while having the ability to use that data, rather than to be able to “code a system”. However, in this process, the “AI Fallacy” is not less important. Being based on algorithms while trying to replicate and copy human behavior will not probably be met with success, while for the foreseeable future machines will not be capable of taking judicial decisions. Last but not least, it could be argued, that the abovementioned “problem” constitutes a global, rather than a local problem, while the suggestion is that the online courts can bridge the gap that has been created between understanding and enforcing human rights. All in all, the decade that has just started will be exciting due to technology and will bring a lot of changes.