“It has become appallingly obvious that our technology has exceeded our humanity”, a great saying by the famous scientist Albert Einstein. The wave of technology has not left any sphere in its path which also includes the legal and judicial system of the country. In the present century, the law abut every area of business and different profession and go hand in hand with the technology also it has evolved with the various innovation and Law technology, which has impacted each and every facet of law field from the law firms and corporate sector to the document management. In earlier times when law and people were not familiar with the technology, we're only confined to books and handwritten records, which now can be done easily with advanced features like ‘e-filing’.
The flow with which the law technology is progressing has also connected itself with the Artificial Intelligence (AI) which is implemented at a small scale and not familiar much, but still has reshaped the legal industry to a different level and is indeed in an underway process. It is the platform which provides with an effective and advanced tool for the legal research that could be done in few seconds, based on simple keyword-based research and be it at a single practicing layer or a firm with more than 100 lawyers at a time, it maintains the uniformity and balance in the research everywhere in the legal fraternity. AI also by analyzing huge amounts of data and recognizing patterns and statistics also ease their task with advising clients, contract analysis, and litigating.
The increasing automation has made things work like the wind done in a simple manner with less time-consuming efforts and minimal human control.
PROVISION AND ADVANCEMENT
The new major technological transformation is the formation of the E-Courts. Electronic courts provide a platform where qualified judges adjudicate matters of law via online method. This concept was introduced under the “National Policy and action plan for the implementation of information and communication technology in Indian Judiciary in 2005”, which was prepared by the E- community of the supreme court.
E-Courts help in making the legal process easier, blissful and it makes the judiciary functioning user-friendly, speedy, transparent, and accountable by limiting the paper filings.
But at the same time, it’s a complex process and goes through many challenges.
· Firstly, there is a lack of coordination among the parties and judges.
· Secondly technical manpower with the required skills and specialized knowledge is insufficient in the courts.
· Thirdly and the most important is the acceptance of the new changes in the legal system by the lawyers and others, as it will be a bit difficult for them to grasp the sudden change.
· The fourth major concern is the security of legal data, there is a chance of data leakage as many new techniques, hackers, viruses, and worms, etc. are developing that can harm, leak or corrupt the important data.
· The next challenge is the insufficient infrastructure, non- availability of electricity and internet connectivity in rural areas like small villages and districts. Also, with the increasing illiteracy rate in India, poor persons still won’t be able to use this upgradation wisely due to a lack of software knowledge and updates in the field of technology.
With the major challenges discussed above, there is a need for better enhancement of these courts, and remedies are required to make it a grand success in the upcoming years of the law sector. Some remedies could be as follows, setting up policies in order to encourage citizens to know more about what are E-courts, 24×7 internet availability for the proper and smooth functioning of courts, building a robust security system which has unbreakable coding, etc.
DEVELOPMENT OF AI UNDER JUDICIARY
The advanced technical changes came up with the new technology of artificial Intelligence in 1956. Artificial Intelligence (AI) in other words is an expert system that provides more efficiency, accuracy, and phenomenal outcomes with less human efforts.
The current chief justice Bobde has proposed to introduce the system AI for the better administration of judicial delivery. The large burden of work of managing the documents and systematic working in less time could be easily achieved by the AI. Other than this it can help in faster decision making, can be even useful in litigation, advising clients and assisting the judges in giving punishments, granting paroles and bails, E-Billing, legal analytics, etc.
Also, with the increasing shortage of judges and lawyers in the Indian judicial system, around 58% vacancies of judges have increased in the Calcutta high court, 48% vacancy in the subordinates courts of Bihar, etc. so with the introducing technology of AI, it can cover up the situation of shortage of judges in India.
The other problem the legal sector in India is dealing with is the pendency of cases, as per the latest facts 86% of cases in subordinate courts, 25% of cases pending in high courts since last 10 years, in which Allahabad high court top the list, AI can prove to be a successful expert system with its marvelous features in this case.
According to ‘Mckinsey’, 22% of a lawyer’s job could be automated with AI programming. As per a remarkable study done by researchers at different law schools including The Standard Law School, Duke Law, and The University of Southern California, it was noticed that ‘LawGeex’, an AI programming which executed the task to identify issues in five Non-Disclosure Agreements performed the work of 20 prominent US lawyers, who have years of experience. It gained an accuracy of 94% although the lawyers came up with an accuracy of 85% only. But the fact which amazed the most is that the task was completed only in 26 seconds by ‘LawGeex’ whereas lawyers performed the same task in 92 minutes.
An AI-based system specifically designed for the judicial procedures would prove to be a magnificent asset to the judicial system. It is the need of the future and with changing times it will play a very important role in the process of rendering judgments and assisting the judges.
This era is incomplete without technological advancement and now every sector is adopting this consistent change and making new rules and regulations. Judiciary also needs to consider these alterations and start revamping. No doubt the government has taken a lot of steps to upgrade the procedure of working of the law sector like introducing E – filing, E – PIL, also our current chief justice has suggested introducing artificial intelligence in the legal world, which will prove to be indispensable in providing assistance and support to the judges and other staff members.
The area which requires significant attention is the technological upgradation of the session/district courts. Case files are maintained offline, poor network connectivity, which makes the judicial proceeding even more time consuming and costly. In our opinion before rendering any techno upgrade to the higher courts govt. should emphasis on the lower courts. Paperless administration must be welcomed, high-speed computers, internet access, ambient working environment, regular teachings and awareness about the online filings, etc, are some measures which govt. should adopt in order to equalize all the courtrooms with regard to working efficiency. As majorly the poor section is targeted in the trap of pendency, these few steps will be an efficacious remedy.
Also, one important aspect to look at is the security of the data. This control must be given to the highest govt. cybersecurity agency and best level of encoding and data safety must be provided. Most of the citizens will be benefitted from this, Once this system will be regulated then the big question arises about the people losing jobs because their work will be taken over by the computers, but here we need to understand is that removing them from jobs is not a healthy decision instead they all must be trained to use this software and other technology in order to help the functioning of the court more smoothly. However as rightly said by CJI Bobde “ machines can’t replace humans” is true up to a very extent. Proper seminars, E-stamping, witnessing, representation of evidence from forensics and another medium can be done online so that decisions can be taken faster and efficiently can be some other suggestions as well.
In coming decades electronically stored information (ESI) will play a major role in each and every aspect of human life and the Indian judicial and legal sphere is progressing and getting familiar with the new developments that could be of great help in the law profession from researching to analysis and automating various clerical tasks with accuracy and efficiency.
Introducing AI and law technology is not a replacement of lawyers; instead, it is a supportive aspect beneficial according to the present scenario. Technological assisted discovery will become very obligatory which will curb the need for space for physical storage of files and cases. The concept of digitalized India, (Make in India) is highly promoting the usage of advanced technology and the Judiciary is yet another platform to accept such changes and promote the campaign.
No doubt AI – will contribute substantially and critically to the present impetus to weave technological developments in the courts, the profession, and the law.