Introduction
In Pakistan the justice system is overloaded and slow. As the research notes, “the Law and Justice Commission of Pakistan, in its Bi-Annual Report of Judicial Statistics for the period from July to December 2023, revealed that 82% of the pending cases (1.86 million) were at the district judiciary level and the remaining 18% (0.39 million cases) were at the upper tier, including the High Court and Supreme Court.” That backlog paired with the realities of geography, cost and time makes e-courts not just desirable but urgent.
The research frames the solution clearly: “Electronic filing, digital case administration, and online hearings via video conferencing are the major features of the E-court system which can majorly help in streamlining the whole judicial process.”
In short: modern tech = faster, cheaper, more transparent justice. After reading the complete article a person will fully understand the importance of E courts in Pakistan and how it can be achieved properly.
Table of Contents
What is an E-Court?
An E-court is a court where judicial processes are supported or conducted by technology including electronic filing, virtual hearings, e-payments, and maintenance of digital records.
We can also say that “An electronic court, often known as an E-courts, is a place where legal disputes are decided in front of one or more qualified judges and equipped with a sophisticated technological system.”
The current legal landscape in Pakistan
The current legal framework available in Pakistan regarding e court system includes:
- Electronic Transactions Ordinance (ETO), 2002. States that: “The Electronic Transactions Ordinance (ETO) of 2002 is a first and only law that specifies the legal recognition of electronic documents and digital signatures in Pakistan.” ETO therefore validates electronic records/signatures but does not create procedural rules for e-filing, virtual hearings or a full e-court workflow.
- Article 164 of Qanoon-e-Shahadat Order, “Article 164 of QSO is the only law which allows the use of modern devices and techniques, and it is the law which allows but does not provide any specific procedure for functioning of E-courts.” That means digital evidence is admissible in principle, but there are no explicit rules on how to collect, authenticate, or store such evidence for e-court processes.
Bottom line: Pakistan has recognition of electronic records, but lacks a dedicated legislative and procedural framework for running e-courts end-to-end.
How E-Courts work (core components)
This research lays out a clear functional set of features an effective E-court must include:
- Unified E-Justice Portal / Electronic Case Management (ECM): A single place to file claims, upload documents, e-sign, track case progress, and retrieve judgments. The research recommends a “Unified E-Judicial Portal” with features like automatic case allocation, e-scheduling, and 24/7 availability.
- Electronic Filing & Service: Secure, end-to-end encrypted filing and electronic service of summons/notifications (SMS/email). The research stresses the need to codify procedures for electronic filing and delivery.
- Virtual Hearings & Remote Participation: Video conferencing and secure remote participation for judges, lawyers, litigants (including overseas Pakistanis and persons with disabilities). The research highlights the Supreme Court’s 2019 use of video links as a precedent but notes the absence of formal rules.
- Digital Evidence Management: Standards for authentication, chain of custody, encryption and secure storage. The thesis warns authenticating digital evidence is a substantive challenge that needs legal clarity.
- Online Dispute Resolution (ODR): For small, common disputes, ODR can be a faster, cheaper alternative. The research references UNCITRAL technical notes and EU ODR models as useful guides.
- Security, Privacy & Audit Trails: End-to-end encryption, access controls, secure logs and penalties for tampering essential for trust. The thesis repeatedly flags data security and privacy as critical.
- Training & Public Awareness: Judges, lawyers, court staff and the public need capacity building; the research recommends training programs and public outreach campaigns.
Benefits: what the research says e-courts will deliver
The thesis compiles the expected impacts of institutionalizing e-courts:
- Reduction of backlog through electronic case management systems.
- Accelerated case resolution and procedural efficiencies through automation and digital communication.
- Improved accessibility for remote areas and marginalized groups (video links, remote participation).
- Facilitation of online dispute resolution mechanisms (ODR).
- Enhanced transparency in court proceedings via digital records and public portals.
- Digital records and audit trails for accountability.
- Reduced operational costs (paper, postage, physical infrastructure maintenance).
- Efficient use of judicial resources judges of the upper tier including high court and supreme court spend less time on routine tasks and more on complex issues and the same applies on judges of lower courts as well.
- Enhanced security of legal documents when stored and encrypted properly.
- Improved data analysis and decision-making via structured digital records.
The research also cites international successes (e.g., Azerbaijan, EU members, US examples) where e-court features produced measurable gains in clearance rates, cost savings and user satisfaction.
Gaps & Challenges For Adoption of E-courts In Pakistan:
The thesis identifies and explains practical barriers in Pakistan:
- “The foremost serious issue is the digital gap in Pakistan. Many areas, specifically rural regions, lack the basic technological setup and internet connectivity, making it hard to adopt E-court systems successfully across the whole country.”
- “One major problem is the lack of thorough legislation specifically designed for E-courts.” The ETO recognizes electronic records but “does not provide legal framework or guidelines for the functioning of E-courts.”
- “It is necessary to train and build the capacity for judges, lawyers, and court staff to fit in themselves with modern technologies.”
- Authentication of electronic evidence, jurisdictional issues, data privacy and the digital divide are listed as the top substantive challenges.
These are not hypothetical, each is grounded in the local institutional reality and must be addressed by legislation, policy design, funding and pilots.
Substantive & procedural legal reforms recommended
The research proposes a clear legislative and procedural architecture. Below are the core elements:
- Create specific legislation for E-courts: A specific legislation must be aligned with the international best practice of the countries who have successfully adopted the E-court system.”
- E-Justice Portal / Electronic Case Management System: Electronic filing of electronic claim, submit applications, complaints and other documents verified by an electronic signature, case progress tracking and management system, Automatic case allocation system, system of recording of court hearings, E-court fee, Video Conferencing System, E-order, E-enforcement system, Court Evaluation system, Monitoring board, E-scheduling of the case, E-preparation of court documents and most important features include 24/7 availability.
- Automatic case allocation system: random allocation to judges by case type/caseload to increase transparency and fairness. This automatic allocation of the cases will increase the transparency in the judicial system along with that will ensure equal distribution of the cases among the judges.
- Electronic notices & summons: accept SMS/email as formal service medium (with safeguards).
- Codify virtual hearing procedures: who may appear remotely, how to verify identity, standards for recording, transcript rules. (The research observed the Supreme Court’s supportive practice in 2019 but emphasised lack of formal rules.)
- Digital evidence rules: standards for authentication, digital signatures, certification authorities, chain of custody and admissibility. “In addressing authentication challenges, it is essential to adhere to established guidelines and standards for digital signatures and encryption methods.”
- Data protection & cybersecurity: define encryption, access controls, retention, penalties for tampering, and incident response. This research places strong emphasis on enhanced security and data protection.
- ODR & ADR integration: include ODR procedures for low-value disputes and mediation options. The research cites UNCITRAL and EU ODR as models.
- Appeal & review process via portal: allow digital appeal filings, e-payments and e-documents as part of the e-court workflow.
- Training, funding & public awareness: budgets for technical infrastructure, training curricula for judges/lawyers/staff, and public campaigns for digital literacy.
These recommendations are operational, they are not abstract principles but specific building blocks for a law or an implementing regulation.
Comparative models: lessons Pakistan should borrow
The thesis reviews international examples and points to practical takeaways:
- Estonia: fully electronic proceedings, strong digital ID and authentication, a model for small-scale, high-trust systems.
- European Union (E-Justice Portal): interoperability and cross-border design are the emphasis, useful if Pakistan ever wants regional data-sharing standards.
- United States (PACER, ECF, CM): incremental features blended with local court practice; shows how large systems can evolve without total redesign. The research also notes US use of e-conferencing since COVID.
- Azerbaijan: concrete figures show improved clearance rates, user satisfaction and cost reduction, useful empirical proof for Pakistani policymakers.
The research concludes that these systems provide “international best practice” templates Pakistan can adapt to local constraints.
Social & organizational change: people, not just tech
Tech alone won’t fix the courts. The thesis frames adoption through well-known theories (TAM, Institutional Theory, Diffusion of Innovation, Socio-Technical Systems) and draws practical implications:
- Perceived Usefulness & Ease of Use (TAM): Adoption increases when judges and lawyers see clear efficiency gains and user-friendly interfaces.
- Isomorphism (Institutional Theory): Courts will adopt e-processes under coercive (policy), mimetic (copying successful models) and normative (professional standards) pressure.
- Diffusion stages (Rogers): identify innovators/early adopters among judges and courts to pilot and champion e-court rollout.
- Socio-technical balance: invest equally in technology and the people using it i.e. training, help desks, UX testing and cultural change.
These frameworks are useful for designing phased rollouts, pilot evaluation metrics, and communication plans.
What impact should Pakistan expect? (Practical indicators to track)
If the reforms are implemented as proposed, the research lists measurable outcomes to monitor:
- Backlog reduction via ECM and automatic scheduling.
- Faster case resolution and fewer adjournments through remote participation.
- Cost savings (paper, transport, court maintenance).
- Improved transparency & accountability via public access to judgments and audit trails.
- Better data for policy from digital records enabling analysis and targeted reforms.
These are the KPIs that a Monitoring Board or Evaluation Plan should track during and after a pilot program.
Quick implementation roadmap (practical, staged)
- Draft enabling legislation & procedural rules cover E-filing, virtual hearings, digital evidence, data security.
- Design & build a unified E-Justice Portal minimum viable product with E-filing, case tracking, e-payments.
- Pilot in 1–2 major districts with full training and 24/7 helpdesk, measure backlog and time-to-disposition.
- Iterate & expand to provincial rollouts; include ODR modules and appeals via portal.
- National scale & continuous improvement: monitoring board, court evaluation system and public feedback mechanisms on the portal.
Conclusion
In Pakistan, the establishment of E-courts signifies a noteworthy advancement towards the modernization of the legal system and tackling continuing issues.” For a country grappling with millions of pending cases, the proposal is practical: build the legal framework, deploy the technology with human-centered design, and measure outcomes.
For successful implementation of the E-courts in Pakistan specific laws related to the functioning of E-courts, digital evidence, data security and privacy needs to be created to ensure fairness, transparency and accountability.” If those legal foundations are put in place and backed with training and outreach, e-courts can deliver the efficiency and access to justice Pakistan needs.
What are E-Courts in Pakistan and why are they needed?
E-Courts in Pakistan refer to technology-supported judicial systems involving electronic filing, virtual hearings, and digital records to streamline justice. With over 2 million pending cases as per the 2023 judicial statistics, E-Courts address backlogs, geographical barriers, and high costs, making justice faster and more accessible.
What is the current legal framework for E-Courts in Pakistan?
The legal framework for E-Courts in Pakistan includes the Electronic Transactions Ordinance 2002 (ETO), which recognizes electronic documents and signatures, and Article 164 of the Qanoon-e-Shahadat Order 1984, allowing modern devices for evidence. However, it lacks comprehensive rules for full E-Court operations, highlighting the need for dedicated legislation.
What is a quick implementation roadmap for E-Courts in Pakistan?
A staged implementation roadmap for E-Courts in Pakistan starts with drafting legislation, building a basic E-Justice Portal, piloting in select districts, expanding provincially with ODR, and scaling nationally with ongoing evaluation and public awareness campaigns.
Which international models can Pakistan learn from for E-Courts implementation?
Pakistan can borrow from E-Courts models like Estonia’s fully electronic system, the EU’s E-Justice Portal for interoperability, the US PACER for incremental rollout, and Azerbaijan’s approach for improved efficiency. These provide templates for adaptation to local needs.
What impacts can Pakistan expect from E-Courts? Key indicators to track.
Impacts of E-Courts in Pakistan include backlog reduction, quicker case resolutions, cost savings, and greater transparency. Track indicators like time-to-disposition, clearance rates, and user feedback through monitoring boards for evidence-based improvements.
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