Neutral Citation System

Abstract:

For one reason or another, it’s a good idea to cite sources that we use in our research: To show the reader exactly what you have researched and how information is obtained. The task of “legal citation” in short is to provide sufficient information to the reader of a brief or memorandum.

‘Neutral Citation System’ is an initiative of Chief Justice of India, D Y Chandrachud, aimed at evolving a mechanism for standardizing case law citations. The Supreme Court adopted a “Neutral Citation System” for its judgments. As a matter of principle, a Neutral Citation would mean that the Supreme Court will issue its own citations in different ways from those issued by regular legal reporters. There will be a citation format that has been approved by the court; it will be particular to each decision and unrelated to any particular body of law reports or other publications. The Supreme Court would have a unique citation that would make it simple to locate, reference, and retrieve it.[1] The High Courts of Delhi, Madras, and Kerala have already introduced this system. Neutral citations are going to be issued for all 30,000 judgments.

Keywords:

Citation, Neutral Citation System, Artificial Intelligence, Case Laws, Judgments, Indian Judiciary.

Introduction:

Artificial Intelligence (AI) has been proven as a great developing tool for the legal system of our country. Two of the major developments which have taken place are; firstly, the courts have started to provide the transcription of the hearings that takes place in the court. Secondly, the Supreme Court adopted a neutral citation system for all the Supreme Court and the High Court judgments. The inauguration of “Neutral Citation for the Indian Judiciary” took place at the National Conference on Digitization, which the Orissa High Court hosted in order to look into the novel uses of technology in the legal system.

Along with Justice Rajesh Bindal and Chief Justice of the Orissa High Court Dr. Justice S. Muralidhar, the conference was inaugurated by Chief Justice of India (CJI) Dr. Dhananjaya Y. Chandrachud at the Odisha Judicial Academy in Cuttack. The CJI established a sub-committee to develop a uniform national format for impartial quotations of Supreme Court and high court decisions. A unified national model for producing and awarding neutral citations should be implemented, the subcommittee ruled after soliciting views and considering various aspects of a neutral citation system.

These days, court rulings are made available to the public without a formal citation within the span of a few hours. Earlier, the court decisions were accessible only after the rulings were printed on paper, which were made accessible to the public several weeks or even months after they are published. In addition, although often mentioned, certain legal decisions are never published in law reports and will never have an official reference. Since there is no accepted norm, new citation techniques must be developed to accommodate the world of electronic publications.

Research Methodology:

This study work is primarily theoretical and descriptive in character. It has a qualitative character. The majority of the research was done via secondary sources. This study primarily consists of descriptive data that the author has personally learned through investigation using already published secondary sources. The secondary sources used in this descriptive research, which are based on reports from organizations, blogs, online journals, government websites, and publications, are all of a secondary character.

Research Objective:

Currently, each publisher in India has a different citation style for published case laws. This led to more than 300 citations of various kinds. This is primarily caused by the absence of Neutral Citations as provided by Indian courts. As a result, there are issues because various solicitors and courts accept various citations. The courts have adopted neutral citations as a solution to this problem. In this research report, an attempt has been made to explain the background meaning and justification for the implementation of a neutral citation system in India, in detail.

What is a Legal Citation?

Before understanding the meaning of a neutral citation system, let me give a brief explanation on what a case citation is all about.

In legal terminology, a reference to the specific law source such as constitutions, laws, reports, cases, treatises or articles on judicial review may be cited. The first volume number, the title of the source, usually abbreviated, and the last page or section number shall be included in the standard citation. A legal citation shall mean that it deals with a particular legal source, like the constitution, legislation, case reports, regulations, texts, and reviews of law. The volume number, short title of the source and starting page or section numbers are also included in the basic format. When legal experts argue before the courts and when judges are writing their opinions, they draw on authority. They reference statutes, regulations, court rulings and past appeals decisions they believe to be important and supportive of their representation of the law as it relates to a situation. Case citation helps the professionals and the public to understand the decisions of the case.

When someone searches for a case name, additional letters and numbers are added to it as well as the case name itself. Citations for the relevant case laws are those strings of numbers and letters that come following the names of the parties.

If a case has all the components required to offer trustworthy information regarding its publishing in a law reporting journal, it may be mentioned.

The following components can be used in any combination to designate a reported case’s citation:

(1) Party names: In a case, the names of the parties are often italicized. Although the ‘v’ between party names is lowercase and in Roman font, an italicized ‘v’ is frequently regarded as acceptable for ease of typing. Only bring up the first party if there are several on either side. ‘& Ors,’ which stands for ‘and others,’ may imply the omission.

(2) Following the party names is a listing of the year. Round or square brackets enclose it.

(3) Volume number: If a volume number appears in the report series title, it must be given right after the year.

(4) The report series’ short name; the majority of legal report series have a common abbreviation. At the beginning of every volume in the series, this requirement is commonly stated.

(5) Page number – Identify that in which page in the collection of papers the case begins.

History & Origin of Neutral Citation System:

It is simple to understand why there isn’t a formal, impartial reference for case law that would come straight from the court if one were to look at the development of legal reporting. In truth, the transcribing, editing, and ultimately publication of court rulings was handled by independents who were not affiliated with the courts until around five centuries ago. This position evolved through time into what it is today—a profession focused on producing databases and reports of the highest calibre. This industry’s history and development should support its dominant position in legal publishing.

The neutral citation system has been used by the courts in England and Wales, Canada, New Zealand, and Australia since the late 1990s. According to the records, this practice was first adopted by the Supreme Court of Canada.[2] In 1996, the American Bar Association adopted a resolution urging courts to use a standard citation format for case reports that are printed and published online.[3] As a result, a straightforward, distinctive, and easily accessible citation system was produced.

The United Kingdom has embraced the idea of offering neutral citations to judgements rendered by various Courts since 2001. These rulings are freely accessible on the British and Irish Legal Information Institute website along with the citations. The United Kingdom Court of Appeal has mandated that whenever a decision is mentioned in a subsequent case, the neutral citation must be used at least once. Any other citations must come after the neutral one.[4] Australia’s courts and tribunals have also established a system of case law reference that isn’t partial in nature. It focuses on a naming scheme that is independent of the case being published by a certain law reporter.

What is a Neutral citation system?

A neutral citation system means that, unlike traditional law reporters, the court would lay down its own distinct citations. The law reporters are nothing but periodicals or annual digests which publish judgments, often with an editorial note, so that legal practitioners can access them to refer to precedents. There are many reporters who are admitted to India’s extensive federated legal system, each with its own citation style. India has around 200 law reports, both authorized and unauthorized. In India, the Delhi High Court was the first to implement a neutral citation system. In a circular dated October 15, 2022, the Hon. Delhi High Court declared that starting on October 17, 2022, all of its judgments posted on the Delhi High Court’s official website will use a neutral citation system.

The neutral citation is medium neutral, meaning that regardless of the medium in which the decision has been published, its uniqueness remains unaffected.[5]

The traditional citation method for case laws in India largely depends upon the format used by the reporters who publish that piece of judicial pronouncement delivered by the Courts, Tribunals, or any other Judicial or Quasi-judicial bodies. Till now the SC was dependent on third-party organizations and journals, for example, SCC (Supreme Court Cases), AIR (All India Reporters), Manupatra, etc. It did not have its own independent citation system. But now it will, it will now have a neutral citation system for all its judgments. This will be applied retrospectively. The older previous citations will be given a new citation. This will reduce the complexities of having more than one citation for a single judgment. This mode of citation is exclusive and permanent in nature and character.[6]

A neutral citation contains the following parts:

The Parties’ names.
The year when the judgment was published.
A distinctive abbreviation used to identify courts.
A number assigned to each judgment in order by the specific court.
A specific paragraph reference.

It should be emphasized that each paragraph should have a unique number starting with the first one in the published judgment.

Hence, a neutral citation would be written as:

(Name of the parties involved) [the year of the judgment] (The court’s acronym) (the judgment’s sequential number) [paragraph number].

A neutral legal citation will encourage a new generation of tools and capabilities, which will be advantageous to all parties and enable commercial organizations to produce a new generation of goods and services, limited only by their creativity and capacity for innovation. There are still many courts and bar associations, particularly in rural India, that need to be convinced of the benefits that the system of neutral citation carries as a whole. This is because the penetration of electronic media and legal familiarity with emerging technologies varies dramatically between Indian jurisdictions.

Aim and objectives of the neutral citation system:

The creation of an infrastructure enabling the permanent identification of court decisions in all forms, whether by publication on paper or electronic means, is a major objective of this system. In addition, the neutral citation scheme shall aim at ensuring that texts are uniformly quoted in both print and electronic forms which will make it easier for a new electronic reference tool to be developed. Consequently, as soon as the decision is taken, every reference referred to in accordance with that system of citation will be separate, comprehensive, lasting, and readily available. This approach is useful for judgments that, despite the frequent use of quotation marks, are rarely published in any legal publications or electronic media.

The Advantages of a Neutral Citation System:

Encourages judicial independence by developing a system for the public citation of judicial decisions. enables courts to publish content online more easily.

A formal citation is produced for recent or unpublished court decisions. Makes it easier to construct private or public information systems. allows for the rationalization and simplification of law library management.

Makes it easier to refer to recent judgments of the courts. Increases the variety of options available while choosing research tools. Ensures that more premium electronic reference systems will be available. It also increases competition, promotes market liberalization, and helps keep legal expenses under control.

Enables the fusion of numerous publications. rationalizes the generation of and identification of case law to simplify collection management. It favours the prompt dissemination of legal precedent. Encourages the creation of digital tools while providing a formal means of referencing unpublished judgments. A printed series of legal papers may subsequently report on cases, but the impartial citation will always come first in the list of authorities.

Why is there a need for a Neutral Citation System in India?

The basis of a case law citation is a paper-based reference to judicial decisions. This method of operation, while imperfect, did not present any significant issues up until recently. However, as it generates new needs, the recent emergence of digital media has exposed the shortcomings of the conventional method.

Calling for changes to the current citation standards to satisfy the new needs of the Courts has nearly become a necessity with the introduction of electronic media into the operation of the judiciary. This can only be made easier by hastening the release of court rulings into the public realm. The creation of electronic research tools that can meet all expanding demands of the judicial machinery with the growing relevance of electronic media would be considerably facilitated by the availability of a singular, trustworthy, authoritative, accessible, expeditious, and permanent citation for cases. It is now crucial to establish a citation style that would take into account the fact that electronic media is becoming heavier by the day.

The development of a citation standard that enables users to access a specific reference without having to look up the same documents or sources that the author has used is crucial from the user’s perspective as well as in the interests of the Indian legal community and the general public. Citing a legal reference without first verifying or without first assuming that the readers will have access to the same source, whether it be print or electronic, is more convenient. There are legitimate concerns regarding legal information that is only available online. Officialness, legitimacy, and preservation seem to be the main sticking issues, but if the neutral citation system is implemented correctly and with the utmost care, it has the potential to disprove every conceivable argument against the presence of online-only legal material.

It is now necessary to provide Indian participants in the legal information market with long-term growth possibilities due to the industry’s increasing growth in publishing houses. However, the neutral citation standard can significantly strengthen the Indian legal publishing industry by bolstering market competition, which contributes to the harmonious development of an electronic research tool that is necessary. The neutral citation system can make it possible to establish a public nature of Indian jurisprudence by providing an infrastructure that ensures that public documents from any judicial body may be cited in a neutral way.

Suggestions:

In a nation like India, which has a sizable judicial infrastructure, one can demand a reform, at least in the higher judiciary, to assure the proper and free transmission of Indian legal information, whose accessibility is guaranteed to all without reliance on any vendor or media. In the current environment, courts and judicial organizations already have electronic versions of cases, which might be stored in a format that would only encourage innovation rather than stifle it with a few mouse clicks.

Conclusion:

In India, judicial decisions are crucial for understanding the complexities of the law. These choices are mentioned in huge, drawn-out papers that are simple to locate by using citations. As a result, it might be said that for a law student, academic, and lawyer, reading and comprehending a case law citation is like eating bread and butter. Understanding the parts and nuances of a case law reference is vital for quickly and accurately finding it without trial and error.

The establishment of artificial intelligence (AI) in the legal industry has been a giant leap towards the development of the Indian Judiciary. This is surely going to help our upcoming generation to provide a non-biased legal system. AI has the potential to significantly increase access to legal services, which are currently out of reach for many people and small businesses due to their high cost.

Now, the case laws will therefore be made freely available to everyone through Neutral Citations. This has especially become a boon for the students to access the case laws for free of cost, which were earlier only available to the subscribers of private law reporters. The neutral citation method in India, will make it easier for researchers to discover and obtain relevant resources from a trustworthy source without having to make any reference to a printed reporter.

The approach will significantly aid in reducing the current monopoly of a select few publishers over citation styles, ensuring the viability of smaller companies in this enormous publishing market. The citation will be determined by the judicial body itself, not by commercial publishers, under a “vendor neutral” manner of citation system, which will make the citation dependent on qualities that are inherent in the judicial body’s decisions. The user will be able to find the legislation in printed editions, the internet, etc and through a completely new technology because this citation will immediately connect to a case number and the relevant paragraph in that judicial decision.

The State, not private parties, will ‘own’ the final text of the cases because this impartial citation mechanism will make judicial rulings directly accessible to all publishers and the general public. It will encourage healthy competition in the legal publishing sector while also encouraging private players to compete by the value they add to decisions, such as head notes, citing references, and treating cited precedents, rather than by gaining preferential access to the text of case laws.

SUBMITTED BY- Silvia Kalita

COLLEGE NAME- RV Institute of Legal Studies (RVILS), Bengaluru.

[1] Supreme court of India to adopt a “neutral citation system”, JournalsOfIndia (Feb. 24, 2023), https://journalsofindia.com/supreme-court-of-india-to-adopt-a-neutral-citation-system/.

[2] Ccc, A Neutral Citation Standard for Case Law https://lexum.com/ccc-ccr/neutr/neutr.jur_en.html.

[3] Special Committee on Citation Issues Report on Recommendations (1996), American Bar Association http://www.lawtechnology.org/research/citation/report.html (last visited 12 May 2023)

[4] British and Irish Legal Information Institute, https://www.bailii.org/.

[5] Neutral Citation, ICLR https://www.iclr.co.uk/knowledge/case-law/neutral-citations/ (last visited 12 May 2023)

[6] Supreme Court of India https://main.sci.gov.in/pdf/LU/27042023_135802.pdf (last visited 12 May 2023)