Today, for the first time in its 71-year-long history, the proceedings of the Supreme Court were streamed live. The live streaming was limited to the ceremonial bench of outgoing Chief Justice of India, Hon’ble Justice NV Ramana. Watch it here

On September 26, 2018, a three-Judge Bench of the Supreme Court comprising then Chief Justice of India Dipak Misra, Justices AM Khanwilkar, and DY Chandrachud allowed the live streaming of cases of Constitutional importance that take place in the Court of the Chief Justice of India.

While passing the judgement reliance was placed on the following dictum of a 9-bench judgement of the Hon’ble Supreme Court in the matter of Naresh Shridhar Mirajkar and Ors. Vs. State of Maharashtra and Ors. Part of the which is quoted hereunder:

“20….. It is well-settled that in general, all cases brought before the Courts, whether civil, criminal, or others, must be heard in open Court. Public trial in open court is undoubtedly essential for the healthy, objective, and fair administration of justice. Trial held subject to the public scrutiny and gaze naturally acts as a check against judicial caprice or vagaries, and serves as a powerful instrument for creating confidence of the public in the fairness, objectivity, and impartiality of the administration of justice. Public confidence in the administration of justice is of such great significance that there can be no two opinions on the broad proposition that in discharging their functions as judicial Tribunals, courts must generally hear causes in open and must permit public, admission to the courtroom. As Bentham has observed:

“In the darkness of secrecy sinister interest, and evil in every shape, have full swing. Only in proportion as publicity has place can any of the checks applicable to judicial injustice operate. Where there is no publicity there is no justice. Publicity is the very soul of justice. It is the keenest spur to exertion, and surest of all guards against improbity. It keeps the Judge himself while trying under trial (in the sense that) the security of securities is publicity‟. (Scott v. Scott [(1911) All. E.R. 1, 30])”

2. Indeed, the right of access to justice flowing from Article 21 of the Constitution or be it the concept of justice at the doorstep, would be meaningful only if the public gets access to the proceedings as they would unfold before the Courts and in particular, the opportunity to witness live proceedings in respect of matters having an impact on the public at large or a section of people. This would educate them about the issues which come up for consideration before the Court on a real-time basis.

 3. As no person can be heard to plead ignorance of the law, there is a corresponding obligation on the State to spread awareness about the law and the developments thereof including the evolution of the law which may happen in the process of adjudication of cases before this Court. The right to know and receive information, it is by now well settled, is a facet of Article 19(1)(a) of the Constitution and for which reason the public is entitled to witness Court proceedings involving issues having an impact on the public at large or a section of the public, as the case may be. This right to receive information and be informed is buttressed by the value of dignity of the people. One of the proponents has also highlighted the fact that litigants involved in a large number of cases pending before the Courts throughout the country will be benefitted if access to Court proceedings is made possible by way of live streaming of Court proceedings. That would increase the productivity of the country, since scores of persons involved in litigation in the courts in India will be able to avoid visiting the courts in person, on regular basis, to witness hearings and instead can attend to their daily work without taking leave.

Currently, six high courts in the country, namely Gujarat, Orissa, Karnataka, Jharkhand, Patna, and Madhya Pradesh, also live-stream their proceedings through their channels on YouTube.

Live-streaming apex court proceedings form part of the third phase of the e-courts project, which is an ambitious initiative to implement the use of information and technology in India’s judiciary.

 It’s a watershed moment in the Judicial history of the country and requires celebration.

 It will ensure Knowledge to all, complete Transparency, and above all Accountability in the entire Justice System of the country.