Justice Seems To Be Done Only When Judicial Proceedings Are Opened For Public Viewership: Justice DY Chandrachud

"Justice seems to be done only when judicial proceedings are opened for public viewership," said Supreme Court Judge, Justice D. Y. Chandrachud on Saturday.

He added that unless judicial proceedings are open for public viewership, it would not be possible for the public to understand the nature of work undertaken by the Courts.

Justice Chandrachud was speaking at a virtual book release event for the book titled "My Journey with Law and Justice" authored by Professor (Dr.) Balram K Gupta.

"A judge is to be judged not only by the number of judgments delivered and the disposal rate but also by her conduct within the walls of the Courtroom. When a judge begins to hear a case, she must do so with an open mind, unbridled by her prejudices. Not only is it imperative that justice is done but it should also seem to be done. Justice seems to be done only when judicial proceedings are opened for public viewership. This not only provides legitimacy to the judicial institution but also furthers the democratic principle of accountability," Justice Chandrachud remarked.

He also said that while data on the disposal rate and judgments of cases is easily available in the public domain, however, the behaviour of a Judge in the Courtroom is not easily ascertainable due to the lack of transparency of judicial proceedings.

"Unless this important indicator of performance evaluation is publicly available, it would be difficult to evaluate the performance of a judge and would pose challenges to judicial accountability. As Dalai Lama once said, a lack of transparency results in distrust and a deep sense of insecurity," he said.

He added "Though legal journalism is on the rise and reporting of judicial proceedings has gained traction, it has its limitations. Unless judicial proceedings are open for public viewership, it would not be possible for the public to understand the nature of work undertaken by the Courts. Streaming of judicial proceedings is also a mode of education for law students, the young and the old of the Bar."

Remarking so, Justice Chandrachud referred to the recent hearings concluded by the Kenyan Supreme Court in the case titled Attorney General v. David Ndii also known as BBI case, wherein the Court was deciding on the implied limits on the power to amend the Constitution.

"While we all know that the decision of the thirteen-Judge Bench in Kesavananda Bharthi, is still considered as one of the most pathbreaking judgments delivered by the Supreme Court, I often wonder what a great learning experience it would have been for young students and lawyers to have followed the arguments by legal luminaries such as Mr.Palkivala and Mr.Seervai. I thus feel that all Courts across the Country must open their proceedings for public viewership," he said.

He therefore congratulated Prof. Balram for his book, adding that he highly recommends it to be included as a course reading in law schools.

He said that Prof. Balram is a "jack of all trades and the master of all."

Justice Chandrachud said "His autobiography, written in short and comprehendible sentences in 'Lord Denning's style' would help law students and lawyers navigate through their career choices, given that the author has a very wide of experiences."