Online stream and recording of court proceedings: a constitutional right

Abstract

The judiciary takes a prominent role in every democratic country. The meaning of democracy is vague without independence and propend judiciary. The judiciary endorses to maintain check and balance between the executive and legislative. Besides all this, now the situation like Covid 19 makes the system more aggravate. To avoid this, India has to take the alternative in this digital era. Our attitude towards the court system has been developed in such a way that, when the word judiciary comes to our mind, we start to create the image of courtrooms in our mind. Virtual judiciary is another form of deliration of justice without any physical existence of the court room. This paper lays down emphasis on the Constitutional Right to Access to Justice especially by means of draft Model rules of Live Streaming and Recording of Court Proceedings published by ECommittee, Supreme Court of India, Information and Communication Technology in Indian Judiciary on 28th May 2021. Further it analysis the international best practices to find out the challenges and remedies revolving around the online streaming and recording of court proceeding which promotes reinforcing of public faith, transparency in Judicial System. This paper neither favoring online court proceedings or nor critiquing the traditional court proceedings. But the paper tries to balance between global development, technological advancement and hit of pandemic during that. It also takes bird eye view on judicial decisions. Lastly paper ends with personal analysis and suggestions regarding the possible challenges and remedies.