Watermarks Make Navigation A Nightmare: Supreme Court To High Courts And Tribunals On Digital Signature On Judgements

OVERVIEW

Justice Chandrachud and Justice MR Shah while referring to a decision arrived at by the National Green Tribunal, which uses watermark on its judgements as part of its practice, observed the hindrances posed by such watermarks while navigating through the various orders and judgements. 

In the words of Justice DY Chandrachud, "It is very difficult to read water-marked orders. Especially on Mondays and Fridays, when we are going through 40 to 45 SLPs! Navigating through watermarks is a nightmare!"
Justice Chandrachud, who is also the Chairman of the E-Committee of the Supreme Court further assured that the immediate next project to be taken up by such E-committee would be to write to the High Courts in function throughout the nation to abstain from using watermarks, and that the digital signatures on the judgements and orders would suffice to ascertain their validity.

Justice Chandrachud and his committee has also taken up the task of standardising the format to be used for judgements and orders across the High Courts and the various Tribunals in function in the nation.

BACKGROUND 

In December 2020, Justice Chandrachud had urged the judicial system to create an environment that would be more suitable and accessible to the litigants and advocates with disabilities. To that effect, he, being the chairperson of the E-Committee of the Supreme Court, has communicated via letters, with all the Chief Justices of the High Courts to create a stronger, sustainable digital infrastructure with more ease of access. The Courts could use digital signatures on their judgements and orders as a means of such digitalisation.

In order to prove the validity of such documents issued by the courts, digital signatures and watermarks used should be placed in a way that does not act as an obstacle in smooth reading or otherwise access to such document. 

An ideal way to put those watermarks and signatures would be at the sides or the corners of the pages which would not result in juxtaposition of the writings with such signs of authenticity, in the opinion of the Justice.

FURTHER DETAILS 

While the Hon’ble Justice Chandrachud was already dissenting the manner of watermarking the judgements by the Tribunals like the National Green Tribunal (NGT), which made it seem like a “nightmare” for him, a Senior Advocate and a former Judge of the Kerala High Court,V. Giri pointed out at the practice of the High Courts of Telengana and Madras to put the watermarks in the middle of the pages, which compromises the legibility of such documents. 

Justice Shah pointed out the application of very small font sizes in the orders of the various High Courts. He expressed thus, “There is a particular member of the NCDRC, when I see his name, I get worried. His orders use a very tight, number 7 or 8 font, running across a 7-10 page judgement.”

Another Senior Advocate put forth a suggestion in this regard, and urged the Justice to make provisions regarding the standardisation of fonts and formats for all the judgements and orders passed by the various Courts and Tribunals across the nation.

CONCLUSION 

Justice DY Chandrachud observed on the placing of watermark anywhere on the document and hindering its legibility, that such placing of watermarks to authenticate the validity of the documents delayed the proceedings of the court due to it hindering the ease of reading.

He said, "You don't need watermarks to show authenticity. In today's date, the judgments can be digitally signed.” He has also informed the justices and the learned advocates of how the Supreme Court E-committee endeavours to take this up as the next “project” that they want to take up.  He would urge such High Courts and Tribunals across the nation in writing to abstain from using watermarks in its various orders and judgements. 

WHAT IS YOUR OPINION REGARDING THE WATERMARKS USED BY THE COURTS CURRENTLY? DO THEY HINDER THE EASE OF READING SUCH DOCUMENTS? LET US KNOW IN THE COMMENTS BELOW!