From Litigants Asking 'File Kahan Hai' To 'Link Bhej Dijiye': CJI Surya Kant On Digital Transformation Of Judiciary

Chief Justice of India Surya Kant recently recalled that there was a time when a litigant entering a lawyer's chamber would ask 'File Kahan Hai?' (where is the file?), but that has changed to 'Link bhej dijiye' (send me the link).

He said that behind a small shift of language lies an institutional transformation of the justice-delivery system, which was once reflected by a towering bundle of files tied in red cloth, advocates carrying trolleys filled with paperbooks and courtrooms overflowing with records.

Addressing 'Digital Transformation: Advancing Paperless Legal System,' CJI Kant remarked that he himself was a victim of the prejudice that the heavier the brief, the greater the preparation. But over a period of time, it came to be understood that justice lies not in the number of books but in efficiency and accessibility.

He stated that, for instance, often adjournments in cases were given simply because a file couldn't reach the courtroom, or it was misplaced. This meant that the litigant, who could be a farmer travelling overnight from a remote village, a woman waiting for a pension, a worker contesting wrongful termination or an undertrial prisoner, would have to wait for his case to be heard.

In this context, CJI Kant said that moving towards a digitised judiciary doesn't mean we are abandoning our traditions, but liberating our institutions that were once limited in their efficiency to bridge the gap of justice.

"It is precisely in this context that technology acquires constitutional significance. Digital systems are not merely instruments of convenience; they are mechanisms through which avoidable barriers to justice can be reduced. When records become digitally accessible, filings become electronic, and information becomes instantly available, courts are able to devote greater attention to adjudication rather than administrative movement of paper."

Lessons from the Pandemic

CJI Kant also spoke of the irony that it was the COVID-19 pandemic that forced our judiciary to undergo this transition, which otherwise would have taken decades to materialise.

"It was during that moment of crisis that the Indian Judiciary demonstrated extraordinary adaptability. Within a remarkably short period, courts across the country transitioned to virtual hearings. Judges heard matters from their homes, lawyers argued cases through screens, and judicial proceedings continued despite extraordinary disruption."

He stated that the transition may have come in a short span of time, but it was nowhere near smooth. There were moments of connectivity failures, or when technology tested everyone's patience. It was difficult for advocates who had spent decades mastering courtroom advocacy as they suddenly found themselves in uncharted waters.

Sharing an instance, CJI Kant remarked: "I recall one senior lawyer passionately advancing submissions while unknowingly remaining on mute for several minutes. By the time the issue was discovered, everyone in the virtual courtroom had learnt an important lesson in digital humility! For perhaps the first time, seniority at the Bar offered no advantage against weak internet connectivity."

He said that despite the challenges, some of which the judiciary continues to face, the long-term institutional shift was a monumental achievement. This is now not confined to the Supreme Court, but the transformation has spread across the High Courts and the subordinate judiciary.

Now, an ordinary citizen sitting in a remote village can access the status of his case on a mobile phone, he added. This is also visible from the fact that Sikkim was recently declared as the country's first paperless judiciary.

"A paperless courtroom is, in many ways, an expression of institutional responsibility towards future generations. At a time when societies across the world are confronting environmental challenges, public institutions must lead by example in adopting sustainable practices. The judiciary cannot remain isolated from broader national and global conversations surrounding responsible governance and ecological consciousness."

CJI Kant also commended the Bar for accepting the enormous change and adapting itself to the technological systems with remarkable resilience.

"Senior members of the Bar, who once relied almost entirely upon physical compilations, today navigate electronic records with impressive ease. Young lawyers and first-generation practitioners, in particular, have utilised digital platforms to enhance accessibility and professional opportunity. The transition towards paperless functioning has therefore not weakened the legal profession; rather, it has expanded its possibilities."

Concluding, CJI Kant cautioned that digital transformation must not lead to digital exclusion where certain sections of persons continue to be excluded from access to justice. In this context, he stressed that human interaction, procedural assistance, and institutional sensitivity must continue to be imbued in the judicial functioning.