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Supreme Court of India 2021-05-06 disposed

The Chief Election Commissioner of India vs M.R Vijayabhaskar & Ors

Bench: 2 — Dhananjaya Y Chandrachud, M R Shah

In Brief

During Tamil Nadu's 2021 assembly elections, the Madras High Court heard a petition about COVID-19 safety at polling booths. Judges made critical oral remarks about the Election Commission's pandemic response, allegedly calling it responsible for the COVID surge. The Election Commission appealed, seeking to restrict media reporting of these remarks. The Supreme Court held that the media has a constitutional right to report court proceedings and judges' oral observations, essential to judicial accountability and democratic transparency. Though acknowledging the remarks were harsh, the Court found they reflected judicial concern for public health, not culpability attribution. The Court emphasized that oral observations, while not binding, are part of transparent judging and cannot be suppressed, reaffirming open courts as fundamental to democracy.">

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Freedom of Expression Media Law Judicial Accountability Open Courts Public Discourse Election Commission COVID-19 Protocols

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