Supreme Court Justice Manmohan has said that India’s legal system is far behind the fast-changing world of technology. Speaking at a fireside chat organised by the Nani Palkhivala Arbitration Centre and Fountain Chambers, he noted that courts are increasingly facing disputes shaped by emerging technologies, but the laws to handle them remain outdated.
According to him, while society and commerce are rapidly moving online, the Indian legal framework is still designed for an era of physical disputes. This mismatch is leading to confusion, delays and jurisdictional hurdles in courts.
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From Piracy To Virtual Worlds
Justice Manmohan highlighted how legal battles have shifted over the years. Earlier, disputes often involved issues like video piracy, where the law could still provide some answers. Today, cases frequently involve servers located overseas, data stored in virtual spaces and contracts executed digitally. He admitted that courts often find themselves unequipped to deal with such complex issues due to the absence of updated laws.
The justice added that while commercial arbitration and cross-border disputes are growing, the lack of modern legislative tools continues to make India appear unprepared to the global business community.
Written Submissions For Better Justice
Justice Manmohan also criticised the heavy reliance on oral arguments in Indian courts. He said written submissions must be given greater importance to ensure clarity and efficiency in proceedings. Unlike in India, where written briefs are often left to junior associates, he stressed that they should be concise, precise and prepared by senior lawyers who are deeply involved in the case.
He further said that expert involvement in technical disputes should become common practice, otherwise courts will continue to struggle with matters that require specialized knowledge.