Live streaming the best way to learn the court craft

While releasing my book ‘My Journey with Law & Justice’ in January this year, Justice Dr. DYChandrachud of the Supreme Court said “Justice seems to be done only when judicial proceedings are opened for public viewing”. Speaking at length on live streaming of court proceedings, Justice Chandrachud said a judge is to be judged not only by the number of judgments delivered or by the disposal rate. When a judge begins to hear a case, he must do so with an open mind. Unbridled by his prejudices about him. It is imperative that justice is done. It should also seem to be done. Justice seems to be done only when judicial proceedings are open for public viewing.

The issue of live streaming came up before the apex court in the case of Swapnil Tripathi vs. Supreme Court of India (2018) by way of Public Interest Petition by a student, keen to watch the proceedings of the court. It was not practically feasible because of the seating space in the court as also the security reasons and time constraints. There were other petitions by public spirited persons. Being a matter of constitutional and national importance, the matter was heard by a bench of three judges, namely, CJI Dipak Misra and Justices AM Khanwilkar and DY Chandrachud, which upheld the need for live streaming.

The e-Committee of the Supreme Court with Justice Chandrachud as the chairperson is already pursuing the issue of live streaming the Supreme Court proceedings. The e-Committee is reportedly developing an independent platform to host such live telecasts, which will be open for use by the High Courts and District Courts as well. The whole effort is to make it possible before the end of August when the present Chief Justice of India, Justice NV Ramana, will be retiring. The High Court of Gujarat has already introduced live streaming. The High Courts of Karnataka, Madhya Pradesh and Orissa have also taken the necessary steps for introducing live streaming. It’s hoped that the process will be replicated across the country.

Access to Justice

The right to access to justice flows from Article 21 of the Constitution. Access to justice is possible if we have a system of open courts. Open courts provide an opportunity for the litigants to watch the proceedings. Others seldom go to the court to watch the proceedings. Live streaming will allow the public to watch the proceedings in courts. How the judges communicate with lawyers. How lawyers assist the courts. How the two wheels, the Bar and the Bench, work together. The top court has upheld that live streaming effects the right of access to justice and the right to open justice.

Live streaming will make Justice more visible, accessible, transparent, accountable, disciplined, and participative. The fact that the judges and lawyers are being watched live is in itself a big step forward. The rest will follow. It is said that live streaming could make our judges less innovative and contributory. And that they might adopt a backseat attitude, without any drive or initiative. But judges are human beings. The zeal to excel is part of every human being. The healthy spirit to contribute more is the best recipe to develop jurisprudence in different domains of law.
The work of the judges is extremely tough. They have to toil hard day and night, and make difficult choices in highly complex situations. Their decisions may not be necessarily popular. Therefore, observers of the courts will be required to be educated on the role of the courts.

Judicial education/training and live streaming are like the siamese twins. They are inseparable. During my days of teaching at the University, I used to tell the students that they should make it a point to go to the High Court and the District Court. Whenever an important case and a good counsel, local or from Delhi was to ague the matter, I used to tell the students to go and watch the proceedings. It was a good learning process. With live streaming, the law students will have the required exposure to the court proceedings sitting at home.

This would be a real boon for law students. Live streaming will accomplish what the law faculties have been unable to achieve over decades. Live streaming will also strengthen the law professors. Constitutional matters being argued before the Constitution Benches will be the best way to learn the finer constitutional aspects.

Best Training

I have been wanting for good sometime that the class-rooms of Judicial Academies around the country be converted into courtrooms. Live streaming of the district court proceedings would be the best medium for imparting training to the young newly selected judicial officers. So far, a genuine effort was being made to conduct mock-trials. It would, indeed, be a practical way to expose young officers to the actual live court proceedings. There cannot be a better learning exposure. The component of the court attachment could be reduced while the duration of their stay with the Judicial Academies could be increased. The lecture sessions could be mixed with live streaming of the court proceedings. This two-way traffic will result in achieving what we have been struggling to achieve.

Live streaming of the court proceedings is already being carried out in the UK, Australia, China, South Africa and the International Criminal Court. Brazil’s Supreme Court even owns and operates a broadcast channel. The US Supreme Court only provides audio recordings and transcripts of the arguments. The apprehension in the US is that it may curtail free flow of arguments. It may also change the nature of questions which the judges may ask. The judges may also be more reserved in asking questions. These apprehensions are understandable. Initially, some changes may be felt but these will be only temporary. With passage of time, the judges and the lawyers will adapt themselves. May be, the court proceedings will become more wholesome.

Both the Bar and the Bench would like to be at their best when they are being watched. There is no justification for thinking negatively about live streaming. The e-Committee of the Supreme Court of India is in the process of finalizing the live streaming rules. This would be a major change in the justice delivery system. The world will be watching us. It will be a dream come true.

(The writer is Professor Emeritus, Senior Advocate, and Director, Academics at Chandigarh Judicial Academy)