E-filing in Maharashtra courts yet to be a gamechanger, a brief look at challenges faced by this digital push

“The e-filing system has improved efficiency by reducing paperwork and enabling remote submissions, but the transition has not been seamless. We as lawyers face various issues during e-filing like technical glitches, server outage, difficulty in payment of court fee challans, delays in verification/checking at court etc.,” says advocate Jitendra Sawant, a criminal defence lawyer practising in Pune.

“Most importantly, the whole e-filing process cannot be run without the internet, which is a huge problem in courts and on its premises. There are extreme network and internet issues, which make it very difficult to file certain applications during ongoing hearings in court. Furthermore, there is limited availability of technical support, and most of the court staff is also not trained to solve the problems faced by the lawyers on a daily basis,” adds Sawant.

The judiciary’s digital push is a necessary step toward modernisation, but it risks alienating those unable to keep up, according to Sawant. “While the digital future promises efficiency and transparency, it could also widen the gap between tech-savvy practitioners and those senior advocates struggling with the transition, fundamentally altering the legal landscape in ways that may not always be inclusive. The concept of e-filing has been brought to reduce the use of paper, but honestly, the goal has not been attained, and the use of paper is the same as before,” says Sawant.

Under Phase 3 of the E-Courts Mission Mode Project, which was implemented last year, 49,58,821 cases have been filed through the e-filing process as of August 2024. In addition, 1,365 e-Sewa kendras have also come up across district courts to ensure this improved access to justice through the use of technology. E-Sewa Kendras aim to bridge the digital divide by providing citizens with access to judicial services, especially those who do not possess convenient access to technology.

“E-filing has been a game-changer for individuals and firms in rural and under-resourced areas, breaking down barriers that once made justice seem distant. For example, imagine a farmer from a remote Maharashtra village facing a land dispute. With e-filing and e-Sewa kendras, this farmer can now file their case online, track hearing dates via text messages, and may even be able to attend virtual hearings if needed. This saves time and money and empowers them with direct access to the legal system, which previously felt out of reach,” says advocate Parth Chanchlani, founding partner of Chanchlani Law World. 

The thrust for digitisation of the filing system has also trumped the questions of ethics, digital literacy, and having a sound system that can fend off cyber attacks while not being victim to any form of malware. “A collaborative approach involving academic research can aid in the digital transformation of the judicial structures. This process includes analysing data protection frameworks, evaluating digital literacy levels among stakeholders, identifying infrastructure deficiencies, scrutinising algorithmic bias in AI-driven legal tools, and addressing potential cybersecurity risks,” says Dr Shaista Peerzada, associate professor at Ajeenkya D Y Patil University, Pune. 

“By prioritising these areas, such a cooperative strategy can prevent damage to court institutions and, in turn, help create a more egalitarian and productive digital justice framework to reduce the gap between theoretical ideals (like Wikipedia-style open access) and practical realities (like Delima’s structured legal databases),” adds Dr Peerzada.

Several law universities in India have begun incorporating e-filing modules into their curriculum. This initiative aims to ensure that future lawyers are proficient in using these systems as they evolve and become more efficient.

“Regarding e-filing and other practical procedures, we have integrated modules into our academic syllabus. In our field, a significant emphasis has been placed on internships incorporating these systems, allowing us to learn more effectively,” says Sakshi Kirad, a law student at ILS Law College in Pune.