Supreme Court: Streaming live

Source: The post is based on the article “Supreme Court: Streaming live” published in Indian Express on 28th September 2022

What is the News?

The Supreme Court has started to live stream its proceedings only in crucial Constitution Bench cases.

Background

The Supreme Court in Swapnil Tripathi vs Supreme Court of India (2018) had ruled in favor of opening up the apex court through live-streaming.

It held that the live streaming proceedings are part of the right to access justice under Article 21 (Protection of Life and Personal Liberty) of the Constitution.

Quoting the English legal philosopher Jeremy Bentham, the Supreme Court said that publicity is the very soul of justice.

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What are the advantages of live streaming of Supreme Court proceedings?

Firstly, Live-streaming directly brings citizens into conversations that have so far largely remained restricted to judges, lawyers and litigants, on vital issues affecting the polity and society.

Secondly, Live-streaming is also an accountability tool for a check on populist statements by lawyers and for ensuring that judges begin proceedings on time and give equal opportunity to all sides. 

Thirdly, it is also an invaluable resource for those who study and teach law. 

Fourthly, the archive will be an excellent opportunity to identify and address systemic patterns that are affecting judicial functioning. For example, multiple studies on the US Supreme Court audio archives found a pattern in the disruptions — female judges were more frequently interrupted than their male counterparts.

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