Open-Court Principle

The open-court principle means that judicial proceedings should ordinarily be accessible to the public and reportable by the press. It reflects open justice, under which transparency makes adjudication accountable, supports fair procedure and enables public scrutiny, subject to narrowly justified exceptions.

Constitutional foundations

The Constitution supports public access through several connected guarantees rather than through one general right to attend every proceeding.

• Article 19(1)(a) protects freedom of speech and expression, which includes the ability of the public and press to receive and disseminate information about judicial proceedings.
• Article 21 requires fair, just and reasonable legal procedure. Public scrutiny helps secure a fair hearing and guards against secret or arbitrary adjudication.
• Article 14 reinforces transparency by requiring equality and non-arbitrariness in state action, including the administration of justice.
• Article 145(4) expressly requires judgments of the Supreme Court, and opinions under its advisory jurisdiction, to be delivered in open court.

Judicial recognition

In Naresh Shridhar Mirajkar v State of Maharashtra (1966), the Supreme Court affirmed that courts ordinarily administer justice in public, while recognising limited departures when justice itself requires them. In Swapnil Tripathi v Supreme Court of India (2018), it treated live-streaming, subject to safeguards, as an extension of the open-court principle and a means of widening access.

Scope and limitations

Open justice promotes judicial accountability, informed public discussion and confidence in courts. It is not absolute: courts may order in-camera proceedings, restrict reporting or withhold sensitive material to protect privacy, vulnerable persons, national security, fair-trial rights or the administration of justice; restrictions must remain legally justified and proportionate.

• Public access does not create an unrestricted right to record, edit or circulate courtroom material without regard to court rules and competing rights under Article 21.
• Dissemination by the press remains subject to constitutionally permissible restrictions under Article 19(2).