A great show: SC allowing live-streaming of constitution bench hearings is a milestone in democratic journey

Source: The post is based on the article “A great show: SC allowing live-streaming of constitution bench hearings is a milestone in democratic journey” published in The Times of India on 22^nd September 2022.

Syllabus: GS 2: Structure, organization and functioning of the Executive and the Judiciary.

Relevance: About live-streaming of constitution bench hearings.

News: Recently SC decided to live-stream constitution bench hearings.

What are the advantages of live-streaming of constitution bench hearings?

It is considered a milestone in India’s democratic journey because a) Everyone can watch and learn about judicial proceedings, decisions etc. There by increasing transparency and greater access to the justice system, b) Creates more interest in crucial matters that define India’s governance, c) Create greater accountability for SC judges and lawyers, d) Live-streaming is a great enabler for litigants who are unable to attend court, and e) It not just increase legal literacy but potentially enhance the public’s continuous engagement with the Constitution and laws.

Positive systemic corrections can be made: A 2017 study by researchers at Northwestern University of archives of the audio proceedings of the US Supreme Court showed that judicial interactions at oral argument are highly gendered, with women being interrupted at disproportionate rates by their male colleagues.

– The US Supreme Court then said that the gendered disruptions identified by the study had been addressed and now Justices ask questions according to seniority instead of interrupting in a random way.

What are the concerns of live-streaming of constitution bench hearings?

Ex-CJI had termed live-streaming a “double-edged sword.” This is because a) Judges might be a frequent target of public ire, or a target of social media trolls, b) Publicity-savvy lawyers will probably deploy showmanship even more than they do now, c) Some mischievously edited footage of SC proceedings may also appear. This will spread disinformation among the public, and d) A 2018 paper that studied the Brazilian Supreme Court concluded that justices behave like politicians when given free television time, they act to maximize their individual exposure.

About the history of live-streaming court proceedings

Top courts globally, for example, the International Criminal Court, the UK Supreme Court, have long allowed live-streaming.

In 2018, India’s SC allowed live-streaming. But nothing happened until the pandemic intervened.

Last year, SC released model rules for live-streaming court proceedings. Subsequently, Orissa, Gujarat, Karnataka and some other HCs have shown court proceedings to great effect.

What should be done in future?

With videoconferencing apps allowing almost glitch-free live-streaming, subordinate courts should also be asked to operate in hybrid mode. This will spare witnesses and litigants from personal appearances and minimise adjournments.