The Supreme Court’s decision to live-stream the proceedings of all Constitution benches is an important initiative with many positives. The court had planned live streaming of proceedings in 2018 and a three-judge bench had issued a ruling for it. It had also framed some guidelines on it, but the plan did not progress much. During the pandemic, the apex court and many High Courts commenced virtual hearings but that was a response to an emergency and did not mean opening of the court’s proceedings to the public. But the idea has gained currency and at present, there are six High Courts, including Karnataka, which live-stream their proceedings through their own channels on YouTube. The keen public interest in the proceedings has been evident from the high viewership of the live-streaming of many hearings.
The three-judge bench had observed that live-streaming would “result in the dissemination of information in the widest possible sense, imparting transparency and accountability to the judicial process”. It said that the right to know what happens in the court is a part of the fundamental rights of citizens. The judiciary is among the most important national institutions, and needs to be held in high regard and esteem by citizens. Transparency in its proceedings will increase its credibility and the public trust in it, and so any measure to enhance its transparency is welcome. India’s courts are not closed to the public, but not many people can watch their proceedings because of the limitations imposed by space and time. Live streaming will take them directly to the people. The notion that justice should not only be done but should be seen to be done will take on a literal meaning when court proceedings are made accessible to the people.
Most people in the country are not aware of how the courts function. They will get better knowledge of the court’s proceedings and gain legal literacy by watching the proceedings online. It will be particularly useful for students of law. Litigants and the public will also be able to better judge the conduct and performance of lawyers in courts. The Supreme Court’s decision is especially important in light of its decision of daily hearing of pending cases by 25 Constitution benches. The court should consider extending the facility to other cases, except those relating to national security and other sensitive matters. The court may prompt all other courts, including subordinate courts, to adopt the practice, and governments should facilitate it by providing the necessary infrastructure. Since there are a large number of cases in the lower cases, there will be greater public interest in their proceedings.
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