On Tuesday, during a full meeting of the Supreme Court, it has been unanimously decided that the live telecast of the Constitution bench cases will initiate from 27th September.
The meeting was presided over by Chief Justice Uday Umesh Lalit.
It is further reported that, first the telecast will be done through YouTube and soon the Supreme Court will construct its own website for telecast.
According to news agency ANI, Supreme Court of India allowed live streaming of court proceedings in order to promote transparency and accountability in the system.
The task of constructing an exclusive platform for telecast of court proceedings has been taken up by the Supreme Court’s e-committee headed by Justice D.Y. Chandrachud. The platform may also be used by high courts, six of which have already initiated live-streaming of their proceedings, and include Gujarat, Orissa, Karnataka, Jharkhand, Patna and Madhya Pradesh.
It is pertinent to note that the first live-streaming had happened on August 26 of the bench headed by CJI N.V. Ramana on his last day of office.
While appreciating the live-streaming of proceedings, Attorney General K.K. Venugopal heavily advocated the step on the pretext that it would bring transparency to the system, benefit litigants as well as reduce the rush in the court during hearing of important matters.
In the alignment of the pending cases, the cases to be heard by constitutional bench and the live-streaming done are related to the Economically Weaker Section quota law, religious practice of excommunication pertaining to the Dawoodi Bohra community, power of Supreme Court to dissolve marriages on the ground of irretrievable breakdown, hijab ban, Citizenship Amendment Act and the petition for enhanced compensation for victims of Bhopal gas tragedy of 1984.
The fast-forward step has been taken, after senior advocate Indira Jaising has written to the CJI and other companion judges over the commencement of live-streaming of proceedings which bear public importance. She was also one of the petitioners in 2018 requesting the declaration of live-streaming as part of the right to freedom of information and the right of access to justice for every citizen.
Judgement of 2018
The row over the live streaming of proceedings of public and constitutional importance began through the judgement of the apex court in the case of Swapnil Tripathi v. Supreme Court of India. The apex court while giving ruling held that technological solutions can be used as a tool to facilitate actualization of the right to access to justice bestowed on all and aid them to take part in the proceeding having public primacy.
In the process of live-streaming, the shareholders include entrants of the legal profession, journalists, civil society activists, law students and academicians who have interest in nation making and building.
The court also opined that live-streaming of prime cases is included under the right to information of citizens which forms an eminent part of the freedom of speech and expression.
