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What is the objective and key steps necessary for implementing the reforms under
Contract Enforcement?
The objective behind implementing the reforms under Contract Enforcement are:
1. To help States and UTs in establishing dedicated Commercial Courts at the District level and
Commercial Division/ Benches at the High Court as per the Commercial Courts Act, 2015 to
reduce the time and cost involved in resolution of commercial disputes as these courts
exclusively deal with commercial cases.
2. According to the Commercial Courts Act, 2015, Section 3(1), the State Government may, in
consultation with the concerned High Court constitute the Commercial Courts in their
respective State.
3. The State Government in concurrence with the concerned High Court may appoint judges to
fill vacancies in the Commercial Courts to ensure sufficient number of judges are in place to
deal with commercial disputes efficiently.
4. The State may in consultation and coordination with the High Court take all necessary steps to
ensure that the necessary infrastructure, staff, funds, e-tools (e-filing, e-payment, etc) are
available and operational in Commercial Courts.
What are the features envisaged in the reforms relating to Paper less
courts?
• The reform seeks to put emphasis on development and introduction of e-courts
system for Commercial Courts to enable management of court cases in a more
systematic manner. Globally such systems have been found to significantly
reduce the time and cost associated with filing, administering, tracking legal
disputes; further, they allow for a more efficient record management in courts
and thereby reduce the administrative costs associated with judicial
administration.
• The recommendations seek to examine whether an electronic case management
system exists or has been developed, and, if so, whether it includes features that
allow e-filing facility, e-summons, e-payments for court fees and process fee,
cause lists etc., thereby increasing the transparency of court’s functioning.
Online payment should also be integrated with the payment gateway.
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