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Digital in Form, Analog in Function: The Limits of Tribunal Digitisation in India

I. Abstract

India’s tribunal reform discourse often treats digitisation as a question of introducing e-filing, virtual hearings, and online access to basic case information. This article argues that such a view is too narrow. Drawing on a public-facing technical audit of major Indian tribunals, including institutions such as the NCLT, NCLAT, DRT/DRAT, ITAT, CESTAT, GSTAT, SAT, TDSAT, and APTEL, the article shows that many tribunals have indeed adopted visible digital interfaces. Yet these reforms remain largely transactional rather than transformative.

The central problem that remains is that tribunal digitisation has often stopped at procedural access. Across institutions, there is limited standardised public reporting on pendency, disposal trends, age-wise case backlog, clearance rates, and other performance indicators that are necessary for meaningful transparency and institutional learning. In several cases, digital systems coexist with residual paper dependence, fragmented interfaces, or weak public analytics. As a result, current reforms improve convenience without fully enhancing accountability, governance intelligence, or systemic efficiency.

The blog therefore distinguishes between digitisation as access infrastructure and digitisation as institutional capacity. It argues that the next stage of tribunal reform must move beyond portal creation toward integrated data architecture, real-time performance visibility, and stronger public transparency. In that sense, the future of tribunal digitisation in India lies not merely in making filing electronic, but in building institutions that can see, measure, and improve their own functioning.

II. Introduction

India’s commercial tribunals have undergone a visible digital transition over the past several years. E-filing portals have been launched across nearly every major tribunal. Video conferencing infrastructure has been installed. Cause lists are increasingly published online. On the surface, these developments suggest steady modernisation.

The scale of what is at stake lends urgency to the question of whether this modernisation is substantive. At least ₹24.72 lakh crore, approximately 7.48% of India’s GDP in 2024–25, remains locked in disputes before ten major commercial tribunals. These disputes span over 3.56 lakh pending cases handled by approximately 350 tribunal members. Against this backdrop, whether digital tools are genuinely improving tribunal functioning, or merely providing a more convenient interface for unchanged processes, is a governance question of considerable importance.

This blog examines the current state of digital adoption across nine of India’s major commercial tribunals, presents the available evidence through a comparative table, identifies what that evidence does and does not show, and argues that the critical gap lies not in the adoption of digital tools but in the absence of the institutional capacity to use those tools for performance improvement and public accountability.

  1. The Current State of Digital Adoption

Table 1 summarises the state of digital adoption across nine commercial tribunals as of March 2026, drawing on publicly available information including tribunal websites, practice directions, gazette notifications etc.

Tribunal

E-Filing Portal

Physical Filing Discontinued

Case Status Tracking

Real-Time Dashboard

Virtual / Hybrid Hearings

NCLT

Yes

No

Yes

Yes

Yes (Webex-based)

NCLAT

Yes

No

Yes

Yes

Yes (Webex-based)

DRT / DRAT

Yes

No

Yes

No

Yes (Webex-based)

ITAT

Yes

No

Yes

No

Yes (Webex-based)

CESTAT

Yes

Yes

Yes

Yes

Yes (Jitsi Meet)

SAT

Yes

No

Yes

No

Yes (Webex-based)

TDSAT

Partial

No

Yes

No

Yes (Webex-based)

APTEL

Yes

No

Yes

Yes

Yes (Webex-based)

GSTAT

Yes

Yes

Yes

Yes (however, no public pendency dashboard yet)

Yes

Table 1: State of Digital Adoption Across India’s Commercial Tribunals (as of March 2026). Sources: Tribunal websites, gazette notifications, tribunal directions.

Read at the level of its first four columns, Table 1 presents a broadly positive picture. All nine tribunals now have some form of e-filing mechanism. Case status tracking is universally available. Virtual or hybrid hearings have been adopted across the board. Several tribunals, notably the National Company Law Tribunal (NCLT), the Debt Recovery Tribunal (DRT), and the Income Tax Appellate Tribunal (ITAT), have made e-filing mandatory in recent years. The Goods and Services Tax Appellate Tribunal (GSTAT), launched in September 2025, was built as a digital-first institution permitting no physical filing. The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) formally discontinued physical filing entirely from December 2025.

If the question were simply whether India’s commercial tribunals have adopted digital tools for procedural access, the answer would be largely affirmative. The more consequential question, however, is whether this adoption has translated into institutional capacity for performance measurement, transparency, and self-correction. On this question, the same table tells a different story.

The fifth column, ‘Real-Time Performance Dashboard,’ is where the picture shifts. As defined for the purposes of this analysis, a performance dashboard refers not to basic case status portals but to public-facing analytics providing disaggregated data on bench-wise disposal rates, age of pending cases, monthly or quarterly clearance ratios, and pendency trends. By this definition, no tribunal in the survey currently publishes a fully operational real-time performance dashboard (except CESTAT, up to some extent). Case status portals exist at the NCLT, NCLAT, ITAT, and GSTAT, but these allow individual litigants to track their own matters rather than enabling systemic oversight of tribunal performance. The absence of such capacity means that digital tools currently serve a convenience function without serving an accountability function.

III. Structural Reasons for the Gap

The gap between procedural digitisation and institutional intelligence (the capacity of tribunals to generate, publish, and act on data about their own performance) is not primarily a technology problem. The hardware and software required for real-time performance tracking are neither novel nor prohibitively expensive. The constraints are institutional, and they operate at three levels.

  1. Fragmented Governance

Each of the nine tribunals examined reports to a different parent ministry, with fragmented ordains. There is no unified technology mandate, no shared infrastructure standard, and no common procurement framework across the tribunal ecosystem. The result is wide variation in digital architecture. The proposed National Tribunals Commission, if established with an explicit technology and data mandate, would be the natural locus for standardisation. In its absence, digital reform continues to proceed tribunal by tribunal, ministry by ministry.

  1. Workforce Precarity

Technology adoption depends on staff who will invest in learning, maintaining, and improving digital systems over time. The DAKSH Report (2025) notes that 88% of NCLT staff and 84.9% of NCLAT staff are on temporary contracts. High contractual staff ratios undermine the kind of institutional ownership that sustained digital transformation requires. When e-filing portals suffer outages or case management systems are poorly maintained, the root cause is frequently organisational rather than technical.

  1. Absence of Performance Accountability

Without publicly available performance data, there is limited external pressure from litigants, the legal profession, or policymakers to push digitisation beyond procedural convenience. Reports have observed that data on pendency and disposal across tribunals are scarce, scattered, and often outdated, and that very few tribunals publish performance reports that would enable evidence-based oversight. The absence of a transparency baseline means there is no mechanism through which digital tools can be evaluated for their impact on actual tribunal performance.

  1. What Genuine Digital Transformation Would Require

A reform agenda adequate to the scale of the problem would need to address technology as a component of broader institutional redesign rather than as a standalone initiative. The DAKSH State of Tribunals Report recommends end-to-end e-filing, integrated case management systems, hybrid hearings, and real-time dashboards as a suite of interconnected interventions. Several specific steps follow from the analysis above.

On e-filing: The immediate priority is the elimination of parallel paper requirements. Mandatory e-filing that coexists with mandatory physical originals, as at the NCLT and ITAT, does not constitute a transition to digital. It produces a doubling of administrative burden. CESTAT’s approach of formally discontinuing physical filing from a fixed date provides a replicable model for other tribunals.

On case management: The absence of integrated, bench-wise case tracking systems means that neither tribunal administrators nor litigants currently have a clear picture of where delays are concentrated or how caseload is distributed. Integrated case management of the kind piloted under the eCourts Phase III project for regular courts should be extended to tribunals through a unified framework. GSTAT, having embedded case tracking from inception, demonstrates that this is architecturally feasible for new institutions. The challenge lies in retrofitting legacy systems.

On transparency: Real-time public dashboards showing pendency, disposal, and case age data should be treated as a baseline governance requirement. The complete absence of such dashboards across all nine tribunals, including those handling disputes in sectors as economically significant as energy infrastructure (APTEL), represents a structural accountability gap. Mandating quarterly performance reports as a minimum, with a roadmap to real-time disclosure, would be a meaningful first step.

III. Conclusion

India’s commercial tribunals are not short of digital tools for procedural access. E-filing portals, case status tracking, and virtual hearings are now available at nearly every major institution. On these indicators, digitisation has made real progress. The gap that remains is in institutional intelligence, closing which will require not only better technology but better governance of technology: unified standards, stable workforces, mandatory transparency, and an institutional mechanism capable of coordinating reform across a fragmented tribunal ecosystem.

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