Chief Justice Surya Kant has called on all high courts to adopt virtual hearings as a permanent pillar of accessibility, urging the judiciary to embrace technology to ensure judicial equality and keep pace with a digital future.
Background and Context
In a landmark address delivered at the Fali Nariman Memorial lecture in Mumbai on January 26, 2026, Chief Justice of India (CJI) Surya Kant likened the Constitution to a “mighty river” that must flow unimpeded by technological barriers. He emphasized that the high courts, as the first line of constitutional protection, must evolve beyond traditional in‑person sessions to meet the demands of a rapidly digitizing society. The call comes amid growing concerns over access to justice for citizens in remote regions, the backlog of cases, and the need for procedural innovation to close the “right‑remedy gap.”
India’s judiciary has historically been criticized for its slow pace and geographic limitations. According to the Supreme Court’s annual report, over 70% of pending cases in high courts involve litigants from rural or tribal areas who face logistical and financial hurdles to attend hearings. The CJI’s push for virtual hearings directly addresses these systemic challenges, positioning technology as a tool for equitable justice.
Key Developments
During the lecture, CJI Surya Kant outlined several concrete measures for high courts to implement virtual hearings:
- Permanent Adoption of Video Conferencing (VC): High courts should integrate VC platforms into their regular docket, ensuring that every hearing can be conducted online if parties consent.
- Procedural Innovation: Courts must revise rules to allow electronic filing, digital evidence submission, and real‑time translation services to accommodate diverse linguistic groups.
- Strengthening Alternative Dispute Resolution (ADR): The CJI urged the expansion of arbitration, mediation, and conciliation mechanisms, which can be facilitated through virtual platforms, reducing the burden on courts.
- Monitoring and Supervision: A dedicated technology oversight committee should be established in each high court to monitor the efficacy of virtual hearings and address technical glitches promptly.
- Training and Capacity Building: Judges, clerks, and litigants must receive training on digital tools to ensure smooth adoption.
In addition to these measures, the CJI highlighted the importance of “court without walls,” where legal protection is seamless and accessible. He cited the example of a tribal woman in Gadchiroli who would no longer need to travel hundreds of miles for a writ of mandamus, illustrating the transformative potential of virtual hearings.
Impact Analysis
For students, lawyers, and the general public, the shift to virtual hearings carries significant implications:
- Reduced Travel Costs: Litigants can participate from their homes, saving time and money, especially those from economically disadvantaged backgrounds.
- Increased Case Flow: Courts can schedule more hearings in a day, potentially reducing the backlog and speeding up justice delivery.
- Enhanced Transparency: Live streaming of hearings can improve public confidence in the judicial process.
- Digital Literacy Demand: Students and legal professionals will need to acquire digital skills, making technology proficiency a new essential competency.
Statistically, the Supreme Court’s 2025 report indicated that 45% of cases in high courts involved parties who had to travel more than 200 kilometers to attend hearings. Virtual hearings could cut this figure dramatically, aligning with the CJI’s vision of a more inclusive judiciary.
Expert Insights and Practical Tips
Legal scholars and technology experts have weighed in on the feasibility and best practices for implementing virtual hearings:
- Choose Secure Platforms: Courts should adopt end‑to‑end encrypted video conferencing tools that comply with data protection norms.
- Ensure Accessibility: Platforms must support multiple languages and provide captioning for hearing‑impaired participants.
- Establish Clear Protocols: Rules should define how evidence is presented digitally, how objections are raised, and how judgments are recorded.
- Pilot Programs: High courts can start with a pilot in select districts, gather feedback, and refine processes before full rollout.
- Leverage AI for Case Management: Artificial intelligence can help triage cases, flag urgent matters, and suggest procedural timelines.
For law students, the shift presents an opportunity to specialize in “digital law” and “e‑justice.” Universities are already updating curricula to include modules on virtual court procedures, cybersecurity, and digital evidence handling.
Looking Ahead
The CJI’s directive is expected to trigger a wave of reforms across the country. High courts are likely to form technology committees within the next six months, and the Ministry of Law and Justice may issue new guidelines on virtual hearings by the end of 2026. If successfully implemented, the judiciary could set a global benchmark for digital justice, inspiring reforms in other emerging economies.
Moreover, the emphasis on ADR through virtual means could reduce the caseload on high courts, allowing judges to focus on complex constitutional matters. The integration of AI and data analytics may also help identify systemic bottlenecks, leading to more proactive governance.
In the long term, the judiciary’s embrace of technology could foster a culture of continuous innovation, ensuring that the courts remain responsive to societal changes and uphold the constitutional promise of justice for all.
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