“In the 1950s, constitutional courts were prosecuted by a few newspapers. But in today’s era, the proceedings of any constitutional court in matters of public interest are recorded minute by minute not only by the mainstream media and electronic media, but also by social media. Justices DY Chandrachud and M.R. Shah’s bench said that this does not mean that judges should exercise restraint in asking uncomfortable questions about the performance of both executive and constitutional officers.
The bench explained to the EC that the decision was a reflection of the unique negotiation process adopted by the Indian courts before the judges decided to ask questions to the lawyer. “Lawyers are always on the lap and judges ask different questions. This does not mean that the judge is against the lawyer or the client he or she is representing. That’s the decent thing to do, and it should end there. ”
Referring to the EC as an important pillar of democracy, the bench said, “The media is an important watchdog for maintaining the sanctity of democracy. The process of verification in court proceedings, receiving reports by the media, reflects the true application of the mind (by the judges) and increases the confidence of the general public about the system. ”
Senior Advocate Rakesh Dwivedi, appearing for the EC, said, “We, as advocates, welcome the questions of the judges. We cannot say that the media should not report. But judges must ask questions that are relevant and give the parties a chance before making a derogatory comment. ”
Justice Chandrachud said, “There is a judge and a judge. Some are awake while some are proud. The observations are a reflection of the individual personality of the judge and reflect the sentiments of the people in the judgment of matters of public interest, especially when citizens are under extreme stress due to the fatal increase in cowardly cases. The judiciary strives to ensure the betterment of the people.
“We cannot say that the media will not report on the internal communication process of the judgment process in the constitutional courts. The media cannot be gagged like this these days. ”