NDLI: Kishan Chand Jain Vs. Union of India & Ors

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Constitution of India – Art. 21
Content Type	Text
Resource Type	Law Order
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9
Case Type	Writ Petition
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Issue for consideration:The petitioner urges that the State Information Commissions shouldallow the option of virtual hearings along with physical hearings.Constitution of India – Art. 21 – Access to justice:Held: Access to justice is a right of constitutional purport whichsignifies that individuals have effective means to approach legalinstitutions to seek appropriate legal remedies – The ability toaccess legal institutions empowers individuals to understand andexercise their legal and constitutional rights – Access to justiceenhances the quality of human life and, therefore, is an importantfacet of right to life u/Art. 21. [Para 19]Constitution of India – Arts. 14, 21, 39A – Constitutional dutyof the organs of the State to provide with means for accessto justice:Held: Art. 39A of the Constitution recognizes the rights of citizensto equal justice and free legal aid – Reading Arts. 14, 21, and39A harmoniously, it is evident that is the constitutional duty ofthe organs of the state to provide individuals with the means ofaccess to justice in an effective and efficient manner – Particularly,it is duty of the Government to raise the standards of infrastructureby adopting technology to make institutional processes accessibleand inclusive. [Para 20]Information Technology – Technological advancements –Virtual Courts – Video-conferencing – Expansion of courtroomarea beyond the walls of the courtroom:Held: The recent technological advancements in terms of video-conferencing must be used to promote inclusion of people livingin remote areas within the fold of the justice delivery mechanism– Physical courts require the litigants and parties living in remoteareas to travel long distances to appear before the court – Withincreasing costs of travel and other related expenses, video-conferencing solutions provide a cost-effective and efficientalternative to the physical courts – Technology allows to createand use a “virtual courtroom” which is as real as any physicalcourtroom – In more than one-way, virtual courts democratize legalprocesses by expanding the courtroom area beyond the walls ofthe courtroom. [Para 21]Constitution of India – Constitutional duty of every adjudicatoryinstitution to adopt technological solutions:Held: It is a constitutional duty of every adjudicatory institution,may it be courts, tribunals, or commissions, to adopt technologicalsolutions such as video-conferencing and make them available tolitigants and the members of the Bar on a regular and consistentbasis – The use of technology is no longer an option – Properlydeployed for the purpose of conducting hybrid or virtual hearings,technology has the potential to ensure access to justice by obviatingthe need for citizens to travel long distances to secure the right ofbeing heard. [Para 22]Right to Information Act, 2005 – State Information Commissionsdirected to provide hybrid mode of hearing:Held: Access to the Information Commissions is integral to securingthe right to information, which is a necessary concomitant of rightto equality u/Art. 14, the freedom of speech and expression u/Art.19(1)(a) of the Constitution, and the right to life under Art. 21 – Itwas directed that all SICs across the country must provide hybridmodes of hearing to all litigants for the hearing of complaints aswell as appeals – All SICs must provide an option for availing ofa hybrid mode of hearing which shall be at the discretion of theapplicant, or as the case may be, the appellant – The links foravailing of the option must be stipulated in the daily cause list ofthe Information Commissions across the country – Apart from that,SICs directed to ensure that e-filing of complaints and appeals isprovided in a streamlined manner to every litigant – Steps shouldalso be taken having regard to the provisions of s.26 of the RTIAct to ensure that service is effected on the Public InformationOfficers through the electronic mode. [Paras 23, 24]
Judge	N/A
Neutral Citation	2023 INSC 915
Petitioner	Kishan Chand Jain
Respondent	Union Of India & Ors
SCR	[2023] 14 S.C.R. 477
Judgement Date	2023-10-09
Case Number	360

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