Kerala High Court's bottom-up digitisation approach could serve as a blueprint for other High Courts: DAKSH study

The technological transformation of the Kerala High Court stands out as a pioneering example of how a traditional institution can embrace digital innovation to enhance efficiency, accessibility and transparency in the delivery of justice, a recent study conducted by DAKSH has concluded..The High Court's bottom-up approach to digitisation and technology-enabled case management can be adopted by other High Courts, the Bangalore-based think-tank has said."The Kerala model is a strong indication that a bottomup approach toward digital courts and technology enabled case management could very effective, popularising the features and systems developed by individual high courts like the CMS by the Kerala High Court, parts of which can be adopted by other high courts on the basis of their needs, leading to a common backbone in the long term.".The catalyst for this transformation was the COVID-19 pandemic, which prompted the High Court to quickly adopt digital processes to ensure uninterrupted access to justice.The Computer Committee, which led the digitization efforts, faced challenges with the inflexibility of the existing Case Information System (CIS). This led to the creation of the independent Case Management System (CMS), providing a more tailored solution to the Court's specific needs, the report recounted..Bail module.One of the key technological interventions discussed in the study is the introduction of the "bail module." This digital system streamlined and digitized the bail application process, significantly reducing processing times and improving overall efficiency. The success of the bail module was attributed to proactive measures, including feedback loops, training sessions and support mechanisms for all stakeholders, including judges, advocates, court staff, and citizens..E-filing and scrutiny systems.The e-filing system represented another pivotal development in the Kerala High Court's digitization journey, the report further noted.The Electronic Filing Rules for Courts (Kerala), 2021, established the legal framework for e-filing, which was made mandatory for bail and tax cases by August 1, 2022, and which was extended to cover all fresh cases by January 1, 2023.The e-filing process calls for claimants (advocates of the person initiating a claim) to fill out an online form, upload necessary documents and make online fee payments - either from their own computer or at an eSewa Kendra - with staff guidance available.This move was aimed at building a comprehensive digital case management system and marked a significant step beyond traditional e-filing approaches..The scrutiny process also underwent substantial digitization, DAKSH found. The transition from manual procedures to a virtual system introduced operational flexibility, allowing File Scrutiny Officers (FSOs) to access their dashboards remotely.Although challenges emerged, including resistance from advocates and the need for adjustments in working hours, the system proved effective in reducing manual data entry and increasing efficiency, the DAKSH report added..Paperless courts.The "paperless" courts project, initiated in January 2022, represented a substantial leap towards a fully digital ecosystem within the judiciary, the report recounted.Equipped with touchscreen computers for judges, the digital courtrooms aimed to streamline administrative processes, reduce paper usage, and create a comprehensive digital case flow management system..The success of such technological interventions is attributed to several key factors:1. Effective leadership, led by the Computer Committee and supported by the IT Directorate, played a crucial role.2. The in-house development advantage allowed for dynamic co-creation, enabling quick modifications based on ongoing feedback.3. The consultative approach, involving judges, advocates, court staff and citizens, ensured that the digitization efforts were aligned with the needs and expectations of all stakeholders..However, the study highlighted certain challenges and limitations as well. Legacy systems and processes, particularly in handling different case types, continue to co-exist with the new digital systems."...older pending cases are in limbo between the old and new systems, even in paperless courts. The process re-engineering that was carried out for paperless courts cannot be replicated for older cases," the report stated..The transition phase also posed hurdles as court staff, especially advocates' clerks, faced challenges in adapting to their evolving roles."The work of advocates' clerks has significantly diminished with the introduction of e-filing, e-payment, and automatic listing. There are some court staff whose jobs will become redundant. For example, people in data entry jobs will soon not be needed," the report reveals.In fact, on August 30, members of the Kerala Advocate Clerks' Association (KACA) staged a one-day hunger strike in opposition to the move to fully shift to e-filing of cases and legal documents from August 1.Interactions by DAKSH with clerks revealed that they had a deep sense of discontent with the process of digitisation. A clerk quoted in the study said that while he was no longer earn a livelihood as a clerk."One of the reasons the High Court still asks for physical copies of pleadings to be submitted are efiling is to ensure that the clerks are not made entirely redundant," the report stated..The digital divide and concerns about procedural justice require careful attention so that digital processes maintain the same standard as offline ones, the report goes on to note."Until all stakeholders within the system—including judges—attain a level of comfort with perusing documents online, the seamless transition to an online framework remains elusive.".All the same, the report indicates that the Kerala High Court is a trailblazer in the digital transformation of the Indian judiciary on account of its commitment to innovation, even as challenges persist..[Read DAKSH report]