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Supreme Court of India 2018-09-26 allowed

Swapnil Tripathi : Indira Jaising : Mathews J. Nedumpara & Ors. : Centre for Accountability and Systemic Change & Ors vs Supreme Court of India & Ors. : Secretary General & Ors

Bench: 3 — A.M. Khanwilkar, D.Y. Chandrachud

In Brief

The Supreme Court held that live-streaming of court proceedings, particularly those of constitutional and national importance, is manifestly in public interest and a natural extension of the principle of open justice. Drawing from Articles 19 and 21 of the Constitution, the Court recognized that citizens have a constitutional right to access court proceedings and receive information about judicial functioning. The judgment endorsed a phased implementation starting with constitutional cases, laying down guidelines that exclude matrimonial and sensitive cases, ensure a brief broadcast delay, retain judicial discretion over suspension, and protect privacy and court dignity. Comparative analysis of international practices informed the framework. The Court directed that comprehensive rules be framed under Article 145, striking a balance between transparency and protection of administration of justice.

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Right to Information Open Justice Access to Courts Constitutional Law Technology and Law Judicial Administration Right to Free Speech Transparency and Accountability Comparative Constitutional Law Judicial Process

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