Constitutional Dimensions of Open Justice and Guidelines for Live-Streaming Supreme Court Proceedings

sketch of the Supreme Court of India
Case
SWAPNIL TRIPATHI v. SUPREME COURT OF INDIA (Supreme Court of India, 26-09-2018)
Law
Constitution of India, Code of Criminal Procedure, Code of Civil Procedure, Copyright Act, Information Technology Act, Contempt of Courts Act.

Highlights of the Judgment:

  • Examination of the constitutional principle of open justice under Article 145(4), Section 327 CrPC, and Section 153-B CPC.
  • Analysis of the right to information under Article 19(1)(a) and access to justice under Article 21.
  • Extensive comparative study of courtroom broadcasting frameworks across international jurisdictions.
  • Formulation of model guidelines for live-streaming Supreme Court proceedings, addressing technical constraints, time delays, and exclusions.
  • Balancing open justice principles with rights to privacy, confidentiality, and fair trial.