THE CONTEXT: The live streaming of court proceedings in India, initiated following the Supreme Court’s landmark Swapnil Tripathi judgment (2018), has enhanced judicial transparency and accountability by allowing real-time public access to courtroom deliberations. However, incidents like Karnataka High Court Justice V. Srishananda’s controversial remarks have sparked debates on balancing transparency with judicial decorum, highlighting the need for sensitizing judges to ensure fairness and uphold trust in the judiciary.
IMPLEMENTATION AND INFRASTRUCTURE:
The e-Courts Mission Mode Project has facilitated comprehensive digital transformation:
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- Coverage of 18,735 courts with digital infrastructure by 2023.
- Implementation in 9 High Courts and the Supreme Court.
- Handling of 7.5 lakh video conference hearings by Supreme Court (2020-2024).
- Integration with National Judicial Data Grid containing 27.64 crore orders/judgments.
- Implementation of Electronic Case Management Tools (ECMT), Establishment of 1,394 eSewa Kendras for improved access and Development of Case Information Software (CIS).
CONSTITUTIONAL AND LEGAL FRAMEWORK:
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- Article 21 and the Right to Access Justice: In Anita Kushwaha v. Pushpa Sadan (2016), the Supreme Court explicitly recognized access to justice as a fundamental right under Articles 14 and 21.
FOUR ESSENTIAL FACETS OF ACCESS TO JUSTICE:
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- The state must provide effective adjudicatory mechanisms.
- These mechanisms must be reasonably accessible in terms of distance.
- The adjudication process must be speedy, as justice delayed is justice denied.
- The process must be affordable, ensuring inclusivity.
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- Swapnil Tripathi vs. Supreme Court of India (2018): This landmark case paved the way for live streaming of court proceedings in India, recognizing it as part of the right to access justice under Article 21. The Gujarat High Court became the first to implement live streaming in 2020, followed by other High Courts like Karnataka and Madhya Pradesh. The Supreme Court began live-streaming Constitution Bench cases in 2022, marking a significant step toward democratizing access to justice.
KEY HIGHLIGHTS:
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- The Supreme Court held that live streaming enhances transparency, accountability, and public participation in judicial processes.
- It extended the concept of open courts beyond physical accessibility to virtual platforms.
- The judgment emphasized that live streaming would educate citizens about judicial processes, fostering trust in the judiciary.
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- Naresh Shridhar Mirajkar vs. State of Maharashtra (1967): This case addressed the balance between freedom of speech under Article 19(1)(a) and judicial discretion in restricting public access to certain proceedings. The Bombay High Court had prohibited the publication of a witness’s testimony in an open trial to protect his business interests. The Supreme Court upheld this order, ruling that judicial decisions are not subject to writ petitions unless they violate fundamental rights.
- Superintendent and Remembrancer of Legal Affairs vs. Satyen Bhowmick (1981): This case highlighted the need for in-camera proceedings in sensitive national security matters. The Calcutta High Court allowed closed-door hearings under Section 14 of the Official Secrets Act, citing risks to state security. The Supreme Court upheld this decision but stressed that such restrictions should be exceptions rather than norms.
THE WAY FORWARD:
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- Enhanced Judicial Accountability: To guide courtroom behavior, a comprehensive, enforceable Code of Conduct for judges should be implemented. Annual accountability reports on judicial performance can further foster transparency.
- Training and Sensitization: Judges and court staff must undergo regular training programs to adapt to the demands of live streaming, including sessions on gender sensitivity, communal harmony, and ethical communication.
- Digital Infrastructure Development: AI-powered tools can assist in case triaging, legal research, and drafting judgments for routine cases. The Supreme Court’s “SUPACE” system (Supreme Court Portal for Assistance in Court Efficiency) uses AI to streamline case management.
- Democratization of Justice: Live streaming extends the principle of open courts by making judicial proceedings accessible to citizens across geographical barriers. The Gujarat High Court’s YouTube live-streaming initiative has garnered significant public engagement.
- Open Data Policy for Judiciary: Developing an open data policy to provide structured access to live-streamed content while safeguarding privacy concerns. Create APIs (Application Programming Interfaces) for judicial data dissemination with redaction mechanisms.
- Balancing Transparency with Integrity: Certain categories of cases (e.g., matrimonial disputes, juvenile cases, national security matters) should remain exempt from live streaming to protect privacy and ensure fair trial rights. The UK limits live streaming to appellate courts to avoid undue influence on trial courts.
- Periodic Review Mechanism: Establish a committee under the Supreme Court’s e-Committee to periodically review the impact of live-streaming on judicial efficiency, independence, and public trust.
THE CONCLUSION:
The live streaming of court proceedings is a transformative step toward fostering judicial transparency, accountability, and inclusivity, aligning with the constitutional ethos of open justice under Article 21. However, its success requires robust safeguards—such as ethical guidelines, technological advancements like the e-Courts Project, and privacy protections—to ensure that transparency strengthens, rather than undermines, the sanctity of the judicial process.
UPSC PAST YEAR QUESTIONS:
Q.1 E-governance is not just about the routine application of digital technology in service delivery. It is as much about multifarious interactions to ensure transparency and accountability. In this context, evaluate the ‘Interactive Service Model’ role in e-governance. 2024
Q.2 Implementing information and Communication Technology (ICT) based Projects / Programmes usually suffers regarding certain vital factors. Identify these factors and suggest measures for their effective implementation. 2019
MAINS PRACTICE QUESTION:
Q.1 The live streaming of court proceedings in India is a significant step toward enhancing judicial transparency and accountability. Critically analyze.
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