Editorial: Making justice transparent

One of the greatest dangers to democratic constitutional institutions is the opacity of their operations. The judiciary is an important pillar of democracy and needs to be open and accountable to people. Transparency makes the justice system more efficient and responsive. Opaque, obscure and inaccessible systems, no matter how intentionally intended, only lead to the erosion of public confidence and widening divides. The proposal by Chief Justice of India DY Chandrachud to live stream the proceedings in the District Courts must be welcomed and taken seriously. Most recently, the Supreme Court allowed live streaming of constitutional justice hearings on its website. The live broadcast needs to be carried out not only for large-scale cases, but also for daily litigation at the district level, which is the first interface between citizens and the judicial system. Improving transparency must be one of the important goals of judicial reform. For most Indians, the first contact with the justice system occurs at the magistrates’ court level, whether it be civil cases involving family disputes or property disputes, or criminal charges ranging from petty theft to murder and battery. The vast majority of the 47 million pending cases in the Indian judicial system are piling up in magistrates courts. Any reform must start at this level. Live streaming of court proceedings would bring accountability to the legal profession and help build confidence in the judiciary. Although the Supreme Court approved live streaming in 2018, not much progress has been made in the past two years. However, during the pandemic, the Supreme Court and High Court have been forced to start virtual hearings.

Currently, six high courts — Gujarat, Odisha, Karnataka, Jharkhand, Patna and Madhya Pradesh — live-stream their proceedings through their own YouTube channels. For litigants unable to attend court, live streaming could be of great benefit. Live streaming is a global phenomenon, with constitutional courts in developed countries having their own channels. It will also help prevent disinformation and misinformation, bring discipline and improve the way judges and lawyers conduct litigation knowing the public is watching. These technological tools will help bring the judiciary closer to the people. There are more than 5.9 million cases pending in HCs across the country. As with the Supreme Court, about 70 percent of pending decisions there involve admissions-stage issues. Central and state governments are the largest litigants and have played a bigger role in reducing the pending. They must upgrade judicial infrastructure, fill judicial gaps, and avoid frivolous litigation. A comprehensive set of judicial reforms is the best solution to systemic deficiencies. Pending issues, delays and backlogs can be largely resolved by strengthening the courts’ physical, digital and human infrastructure.