Leveraging Digital Public Infrastructure for Transforming Justice Delivery in India, ET LegalWorld

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India’s legal system, plagued by inefficiencies, is a significant barrier to the country’s economic growth. With over 50 million cases pending across various levels of the judiciary, the backlog has created a massive bottleneck, delaying justice and frustrating both citizens and businesses. For businesses, these delays translate into prolonged disputes, uncertainty, and increased costs, discouraging investment and economic activities.

The inefficiency of India’s legal processes – from filing a case to obtaining a judgment – has eroded trust in the system. This distrust has led businesses to seek alternative, often extralegal, means of dispute resolution. In rural areas, it’s common to see elders repeatedly visiting courts for cases involving trivial amounts, often unresolved for decades.

In comparison, global markets like Singapore and Dubai are recognized as business havens due to their efficient and reliable legal systems. India’s legal ecosystem lags far behind, affecting not only individual citizens but also the broader economic landscape.

The Economic Imperative for An Improved Legal System

India’s private debt to GDP ratio is around 50%, significantly lower than in many developed economies. While not a macroeconomist, one could argue that a key reason for maintaining this low ratio is to mitigate the risks of defaults and economic volatility. However, in a more trusted and efficient legal system, this ratio could potentially rise to 100%. While debt is often viewed negatively, it can become a powerful tool for development when the country is in the growth phase where debt can be used to fuel growth leading to the return on the debt typically higher than the cost.

With an economy projected to reach $4 trillion in the coming years, this could represent an infusion of approximately $1.6 trillion into the market. If utilized efficiently, this capital could drive significant economic growth. By generating an 8-10% annual return on this capital, it could add around $130-160 billion to the economy annually, potentially increasing the GDP growth rate by 3-4%, pushing the current 8-9% growth to an unprecedented 13%. This level of growth could create millions of jobs, improve living standards, and propel India towards becoming a developed economy and a global economic powerhouse.An enhanced and reformed legal system would also boost trust among both domestic and international investors. The predictability and reliability of contract enforcement are crucial for economic growth. By ensuring that contracts are respected and disputes are resolved swiftly, more capital can be deployed into the economy, fostering growth and innovation.

A Radical Approach to Legal Reform

Given the scale of the problem, the solution cannot be incremental. India needs a radical approach, leveraging technology to leapfrog traditional methods and address these challenges head-on. Simply increasing the number of judges or courts is not feasible, nor is it a long-term solution. Instead, the adoption of cutting-edge technologies like AI and blockchain can transform the legal system in a meaningful way.

1. AI-Powered Legal Systems

AI can serve as a revolutionary tool in the legal domain. One promising application is the use of long-context Large Language Models (LLMs) to address the significant backlog of lawsuits. Jibin Ranjan, Lead of AI Security at Nvidia, notes that these models excel in summarizing large documents typically found in legal proceedings. By feeding digital copies of lawsuit proceedings into an AI tool, judges can receive summaries of key points of contention, allowing for quicker decision-making. Moreover, techniques such as Retrieval Augmented Generation can provide judges with targeted answers by querying external data sources like databases and knowledge bases, enhancing the throughput of the judiciary system. It also opens the door to the possibility of a fully AI-powered arbitration system, where low-risk business cases are resolved by AI judges at a layer below the lowest court, thereby unburdening regular courts.

Additionally, an AI co-pilot for lawyers could democratize access to high-quality legal advice. By leveraging AI to analyze laws, past case studies, and legal precedents, even less experienced lawyers could elevate their practice, contributing to a more effective legal workforce.

2. Blockchain for Data Security

Blockchain technology could play a crucial role in ensuring the integrity of legal records. For example, blockchain has already been successfully implemented in Gurgaon’s FIR project to create tamper-proof records. The Swamitva Yojana, which digitizes land records, also uses blockchain to maintain transparent and secure records.

By securing legal data on blockchain, India can prevent manipulation and ensure that all legal processes are based on accurate and immutable information. This is vital for AI systems, which rely on high-quality data to function effectively.

Moreover, integrating AI and machine learning tools can assist judges and legal practitioners in making informed decisions, reducing delays, and enhancing the overall efficiency of the justice delivery system. This will not only reduce the backlog of cases but also ensure that justice is delivered in a timely and cost-effective manner.

The Role of Digital Public Infrastructure

India is uniquely positioned to lead in the integration of Digital Public Infrastructure (DPI) into its legal system. The country already has a strong foundation with initiatives like Aadhaar for identity verification, DigiLocker for storing legal documents, UPI for payments, and eSign for digital approvals. These components, when integrated into the legal system, could enable a suite of online services, including online case filing, virtual hearings, and e-evidence submission.

The government’s commitment to DPI, as highlighted in the latest budget, signals a willingness to adopt digital solutions that can transform the justice delivery system. The synergy between public sector infrastructure and private sector innovation can lead to substantial improvements, much like the fintech revolution sparked by UPI.

Challenges and the Path Forward

While the potential for technology-driven legal reform is immense, it is not without challenges. Resistance to change, digital literacy, and data privacy concerns are significant hurdles that need to be addressed. Robust cybersecurity measures and regulatory frameworks are essential to protect user data and ensure the integrity of the legal system.

Moreover, private sector innovation will play a crucial role in this transformation. Startups can drive the development of AI-powered tools and other legal technologies, building trust and confidence in these new systems. As these innovations prove their value, the government can gradually adopt and integrate them into the broader legal framework.

A Vision for the Future

As India strives to become a developed economy by 2047, it must take bold, transformative steps. Overhauling the legal system through digital public infrastructure is one such step that can unlock unprecedented economic potential. By leveraging technology to streamline legal processes, India can enhance trust in its legal system, foster economic growth, and create a more equitable society.

This vision, driven by aligned intent and ready technology, promises to be the next big opportunity for India. The transformation of the legal system is not just a dream but a necessity for India’s continued growth and development. By embracing technology and fostering collaboration, we can build a legal system that supports economic growth, enhances trust, and ensures justice for all.

The time to act is now. By investing in this vision, we can work towards a legal system that is efficient, transparent, and fair—driving India’s progress and prosperity in the years to come.

  • Published On Sep 24, 2024 at 03:20 PM IST

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