03/07/2020 - Judiciary | Mainstorming

IAS Parliament 4 years

KEY POINTS

· While the Indian Supreme Court has enjoyed a reputation as one of the world’s most powerful and influential courts for several decades, regularly deliberating on matters that changed the course of public life, yet the Court maintained no public record of its own proceedings. Nor were its proceedings broadcast live for public viewing.

· In its 2018 judgment in Swapnil Tripathi v Supreme Court of India, the Court recommended that proceedings be broadcast live. Writing the majority opinion for himself and then chief justice, held that live streaming proceedings is part of the right to access justice under Article 21 of the Constitution.

· Both the majority and the concurring opinion noted that internationally, constitutional court proceedings are recorded in some form or the other. In Australia, proceedings are recorded and posted on the high court’s website. Proceedings of the Supreme Courts of Brazil, Canada, England and Germany are broadcast live.

· India stands alone amongst leading constitutional democracies in not maintaining audio or video recordings or even a transcript of court proceedings. Over the last few years, the Supreme Court has taken steps to make justice more accessible.

· The Court started providing vernacular translations of its judgments. Non-accredited journalists were permitted to live-tweet court proceedings. During the lockdown, journalists have been permitted to view virtual court proceedings in real time. If that technology is available, it could be extended to members of the public, who can then view court proceedings themselves.

· Courts around the world have had to find new ways of functioning during the pandemic. Moreover, the SC must take advantage of as many modes of communication as possible including the internet, social media, television and radio. This will enable it to reach a wide cross-section of Indian society.

· The SC has chosen to play an influential role as an institution of constitutional governance. The public is rightly interested, and has a right to know, about court proceedings in constitutional courts as well as trial and appellate courts. Openness and transparency reinforce the public’s faith in the judicial system.