In a significant move towards heightened transparency within the judiciary, the Supreme Court has endorsed the concept of live-streaming court proceedings pertaining to constitutionally important cases. The apex court has directed the central government to establish specific regulations for this initiative, which will be enacted in a phased manner. According to the three-judge bench, live-streaming will serve as a tool for promoting greater accountability and forms a part of the Code of Criminal Procedure (CrPC) and the Code of Civil Procedure (CPC).
Open Court Hearing: An Implied Provision
Though the Indian Constitution does not expressly mention the term “open Court hearing” in relation to the Supreme Court, such a provision can be inferred from sections in both the CrPC and the CPC. Procedural norms, such as Section 327 of the CrPC, 1973 and Section 153-B of the CPC, 1908, provide the foundation for the concept of open court hearings.
Section 327 CrPC: Deeming Criminal Courts as Open Courts
Section 327 of the Code of Criminal Procedure, 1973 (CrPC) establishes a crucial precedent that contributes to the principle of openness and transparency in judicial proceedings. This section dictates that any venue where a Criminal Court conducts inquiries or trials on criminal offenses is regarded as an open court.
Section 153-B CPC: Civil Courts Designated as Open Courts
Similarly, Section 153-B of the Code of Civil Procedure, 1908 (CPC) states that any location where a Civil Court conducts proceedings concerning a lawsuit is deemed to be an open court.
Supreme Court’s Directive To The Government
The Supreme Court has urged the government to devise “comprehensive and holistic guidelines” to facilitate the live-streaming of court proceedings. Initially, the court recommended implementing this exercise on a trial basis in a single court.
Live-Streaming: The Need of the Hour
Earlier in July, the top court had declared live-streaming of court cases as the “need of the hour”. The court expressed its approval for this proposed change, citing that it would result in an increased access to justice for the public. By allowing individuals to virtually observe the legal proceedings, the judiciary is essentially promoting transparency, accountability, and maintaining the principle of ‘Justice should not only be done, but also seen to be done.’