International Journal For Multidisciplinary Research

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Virtual Courts: A Pathway towards the Right to Access Justice in India

Author(s) Meenu
Country India
Abstract As we know in virtual courts, various procedures such as electronic filing of plaints and documents, online payment of court fees, submission of digital evidence, and conducting arguments via video conferencing are carried out in real-time, necessitating the presence or availability of all participants during hearings. Conversely, online courts feature asynchronous hearings, allowing participants to present evidence and arguments without the requirement of synchronous presence. To provide legal legitimacy to virtual courts and video conferencing, the Supreme Court issued an order on April 6, 2020, invoking Article 142 of the Constitution. This directive extended to all High Courts, granting them the authority to adopt technological solutions in accordance with their respective needs and the evolving pandemic circumstances across different states. Model rules were formulated and circulated among all High Courts, while District or lower courts were instructed to adhere to rules prescribed by their overseeing High Courts. In this research paper, virtual courts and their role in ensuring proper access to justice in the wake of post-pandemic developments has been analysed, evaluated and assessed accordingly. Moreover with respect to the efficacy of virtual courts as well as the problems encountered in the administration of justice digitally, the implications of these developments have also been explored with a view towards the future of these institutions in our country.
Keywords Virtual Courts, Digital Courts, Pandemic, Digital Technology, Access to Justice
Published In Volume 6, Issue 2, March-April 2024
Published On 2024-03-13
Cite This Virtual Courts: A Pathway towards the Right to Access Justice in India - Meenu - IJFMR Volume 6, Issue 2, March-April 2024. DOI 10.36948/ijfmr.2024.v06i02.15122
DOI https://doi.org/10.36948/ijfmr.2024.v06i02.15122
Short DOI https://doi.org/gtmzrh
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