The unprecedented demands of commercial litigation in the aftermath of the COVID-19 outbreak highlight the urgency for technological reform to start somewhere and soon.
The COVID-19 lockdown exposed the limitations of India’s judicial system to provide litigants with technological recourse to access courts. In a country that is struggling to reduce pendency of cases, the delay of a month or more could push back the already clogged system by many more years.
Approaching a court for legal resolution is a basic right of every citizen. With the overnight imposition of social distancing, Indian courts, habitually crowded with litigants and lawyers, along with their battery of juniors, interns, and court clerks, are facing a new reality: it is no longer a question of whether the legal fraternity is ready to adopt technology, but rather how speedily and sensibly it resolves the conundrum, abandoning age-old practices that hinder the path to systemic reform.
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Amit Kapur is a Partner with JSA since 2000. He has anchored the Firm’s Infrastructure practice since 1997 with focus on infrastructure sectors. Having served as Senior Partner of JSA since 01.04.2017, Amit served as the Joint Managing Partner of the Firm between 01.01.2019 and 31.03.2025.