Live Streaming of Supreme Court Proceedings

Live Streaming of Supreme Court Proceedings: Importance

• Transparency and greater access: Live streaming of Supreme court proceedings is a step in the direction of transparency and greater access to the justice system.
  • Live streaming of Supreme court will help in saving the costs of travelling for litigants and the extra burden on the litigant’s shoulder can be reduced.
• Discipline: Live streaming of Supreme court is expected to bring discipline and improve how judges and lawyers conduct the proceedings.
  • There were instances when lawyers used explicit phrases during arguments. Such use can be controlled through live streaming.
• Legal literacy: Watching live proceedings will not just increase legal literacy but potentially enhance the public’s continuous engagement with the Constitution and laws.
  • Greater knowledge of law among public can increase their trust in judiciary and judicial process.

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Live Streaming of Supreme Court: Concerns

• Spread disinformation: Distorted clips from the Live streaming of Supreme court could be misused to spread disinformation among the public.
  • There have been instances where clips have been edited to give a bad picture of advocates as well as judges.
• Individual exposure: Studies conducted on Live streaming of court of judicial procedure across the world have shown that justices behave like politicians and act to maximize their individual exposure.
  • The desire to gain publicity can affect the efficiency of Supreme Court proceedings and waste valuable judicial time and resources.
• Public trial: There are chances that cases turn into public trial with public opinion influencing judicial decisions. Live streaming could have sub-conscious effects on judges and their ability to make non-biased judgments.
• Free opinion: Judges and lawyers will be hesitant to make critical comments fearing backlash from public.
• Technical issues: The court staffs are not trained to handle technical aspects involving live streaming of cases.
  • There are chances of personal information being leaked if staff is not careful.

Live Streaming of Supreme Court: Opinion of the Attorney General (AG) of India

• Pilot project: The AG recommended introducing live streaming as a pilot project in Court No.1 (the CJI’s court) and only in Constitution Bench cases.
  • The success of the project would decide if live streaming should be introduced in all courts in the Supreme Court and in courts pan India.
• Other suggestions: The AG suggested allowing transcripts and archiving the proceedings. The AG also suggested that the court must retain the power to withhold broadcasting.
• Reasons behind the opinion: De-congestion of courts and improving physical access to courts for litigants were the main reasons cited.
• The court must not permit live streaming in cases such as:
  • Matrimonial matters,
  • Matters involving interests of juveniles or the protection of privacy of young offenders,
  • National security matters,
  • Matters relating to sexual assault and rape,
  • Matters where publicity would affect administration of justice,
  • Cases which can arouse passion and provoke enmity among communities.

Live Streaming of Supreme Court: Way forward

• Careful selection of cases: There is a need for Supreme Court to carefully select cases that can be live streamed.
• Reduce potential of misuse: The archived stream should not be provided until it is legally/technologically possible to ensure that such videos cannot be distorted.

Live Streaming of Court: Practice across the world:

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