Do Not Wait For Another Pandemic, Judiciary Must Continue To Evolve Virtual Hearings: CJI

Chief Justice of India (CJI) DY Chandrachud stated on Friday that the judiciary should not wait for another pandemic like COVID-19, but should continue to evolve and make proactive decisions like using virtual hearings.

The CJI was addressing the 18th meeting of the Chief Justices of the Supreme Courts of the Shanghai Cooperation Organisation (SCO) member-states. The three-day meeting is being held in Delhi, and Supreme Court Justices Sanjay Kishan Kaul and KM Joseph are also in attendance.

CJI Chandrachud highlighted that the COVID-19 pandemic forced the judicial system to adopt modern methods of delivering justice, and that the goal should be to evolve it further.

CJI Chandrachud opened the meeting by stating that the Supreme Court of India continues to promote the path of digitisation and that the incorporation of technology in the Indian judicial system has not only made the judicial institutions more accessible for all of its citizens, but has also served as a tool to reach out to those who lack access to technology.

“Advocates or litigants can appear before the courts from anywhere in the country using virtual/hybrid hearings. In addition, the Supreme Court has begun live streaming constitutional cases, utilising AI software for live transcription of hearings and translation of judgements into multiple languages. This will ensure that judicial proceedings are transparent,” CJI stated.

Concerning the impact of COVID-19 on the judiciary and legal system, the CJI stated that the Supreme Court’s quick response in adopting technology and devising e-courts, online hearings via video conference, standard operating procedure for urgent hearings, live streaming, and e-filing ensured that the disruption in court functioning was brief.

CJI Chandrachud also emphasised how the Supreme Court and High Courts took suo-motu cognizance and entertained several letter petitions in various public interest issues that arose during the pandemic, such as the migrant labourer crisis, decongestion of jails to prevent overcrowding and spread of COVID-19 infection, free COVID-19 testing for patients from economically disadvantaged sections, safety measures for under trial prisoners such as quarantine and virtual appearance before courts.

The Supreme Court also allowed notices and summons to be served via email, fax, or instant messenger service, and the period of limitations was suspended, CJI added.

The CJI also emphasised how the Supreme Court of India, through its public interest litigation jurisdiction, has ensured that citizens have equal access to justice.

“Through its judgements in the 1980s, the Supreme Court of India relaxed the rules of locus standi through public interest litigation, i.e. anyone can approach the constitutional courts in India to seek redressal of any person’s violation of fundamental rights,” CJI added.