In a first, all matters before the Supreme Court's Constitution Bench will be streamed live from September 27 onward. The decision to live stream court proceedings was taken after a full court meeting—comprising all Supreme Court judges—helmed by Chief Justice of India UU Lalit on Tuesday evening.
From September 27 onward, the public can likely hear arguments in cases that include the challenge to the EWS quota, religious right to ex-communicate in the Dawoodi Bohra community, and enhanced compensation for victims of the 1984 Bhopal Gas tragedy among others.
Initially, one can watch the proceedings on YouTube; however, the Supreme Court is currently planning to set up its own independent platform where the matters will be streamed.
With this decision, the Supreme Court of India joins six high courts in the country, five apex courts of other countries and the International Court of Justice where a common man can see and hear arguments virtually. On October 26 2020, the Gujarat High Court under the aegis of the then Chief Justice Vikram Nath (he has since become a Supreme Court judge) became the first high court to live stream proceedings. With the Covid-19 outbreak, Jharkhand, Madhya Pradesh, Patna, Karnataka, and Orissa also followed suit.
Whole country has a "deep-rooted interest" in what goes on in courts: Indira Jaising to SC
Last week on September 14, senior advocate Indira Jaising wrote to the Supreme Court that arguments on significant issues about what constitutes equality, substantive equality, discrimination based on caste, sex, religion, and what is secularism will interest the general public.
Jaising sought the implementation of the top court's 2018 Swapnil Tripathi judgment which said, "live streaming of court proceedings is a part of the right to access justice under Article 21 of the Constitution".
"There is no substitute for first-hand knowledge, especially in the era of what has come to be known as "fake news" and hence, there is an urgent need for real time information," Jaising added. In 2018, Jaising was one of the petitioners who sought live streaming of court proceedings as part of the fundamental right of every citizen to freedom of information namely the right to receive information as also the right of access to justice.
Sunlight is the best disinfectant: SC on live-streaming
In September 2018, a Supreme Court three-judge bench comprising then chief justice of India Dipak Misra, along with Justices AM Khanwilkar and DY Chandrachud allowed live streaming of select cases and directed rules to be framed to regulate streaming of court proceedings.
"Sunlight is the best disinfectant. Live-streaming as an extension of the principle of open courts will ensure that the interface between a court hearing with virtual reality will result in the dissemination of information in the widest possible sense, imparting transparency and accountability to the judicial process," the judgment had read.
In fact, on August 26 the then CJI NV Ramana's last day in court was telecast live through the top court's webcast portal.
Justice Chandrachud, as Chairperson of the Supreme Court's e-courts committee, has always batted for virtual courts to ensure greater transparency and has been instrumental in setting up infrastructure for the same. On September 8, while deciding on the timeline for the Delhi vs LG constitution bench hearing, Justice Chandrachud decided to go green and mandated no papers to be filed for this hearing.
Last year in October, while speaking at the inauguration of new wings at the Aurangabad bench of the Bombay High Court Justice Chandrachud had said, "…I do believe that citizens are entitled to know what goes on in the courts, they are entitled to know why cases are adjourned, whether judges sit from morning to evening in deciding cases. It is the basic right of the citizens to know."
Earlier this year in February, Justice Chandrachud had revealed plans of a project under the Phase III of the E-Courts Committee to create infrastructure of a live streaming platform where matters could be heard.
This issue also found support from Attorney General KK Venugopal who proposed live streaming from the CJI's court or matters before a Constitution Bench on a pilot basis.