Impact of social media on Judicial Legitimacy

Source-This post on Impact of social media on Judicial Legitimacy has been created based on the article “When control is disguised as reform” published in “The Hindu” on 22 May 2024.

UPSC Syllabus–GS Paper-2– Structure, Organization and Functioning of the Executive and the Judiciary

Context-The article highlights the issue of sustained digital campaign against the judiciary to diminish the credibility of the institution.

What are the issues with this sustained digital campaign against the judiciary?

1) Rise of Online Criticism– Court proceedings are discussed online, facilitated by platforms such as live-streaming, live-tweeting and legal reporting. However, it has given rise to troubling trend where the judiciary is being increasingly criticized by referring it as a relic of colonialism or incompatible with the norms of “new India.”

2) Personal Criticism-A study of Twitter activity revealed that negative comments increased when the Chief Justice took stances contrary to the ruling government. This indicates that conservative groups are uneasy about the Chief Justice’s liberal views and aim to shape the composition of court.

What is the implication of this sustained campaign?

1) Undermine Judicial Independence-These digital campaigns exploit public frustration with judicial inefficiencies and lack of diversity in the higher judiciary. They even spread rumors of a hidden group of influential lawyers controlling the court. All these undermines judicial independence.

2) Establish Executive Dominance-The aim of these attacks is to purge or remove liberal-leaning justices and facilitate executive dominance over the judiciary.

Read more- Judicial Reforms

What should be the way forward?

1) Restoring public trust requires improving service delivery, enhancing diversity in judicial appointments, and reaffirming the court’s role as a check on majoritarian power.

2) The judiciary and legal community must counter online threats with accurate information and transparent communication.

3) While individuals may recognize the court’s imperfections, it’s crucial for them to appreciate its significance in safeguarding constitutional rights, setting aside partisan considerations.

4) The role of television and social media is vital in shaping norms, and it’s important to publicly recognize threats to judicial independence.

Question for practice

What are the issues with this sustained digital campaign against the judiciary? How can it undermine judicial independence?