The case of Swapnil Tripathi vs Supreme Court of India (2018) is a landmark judgment that established the constitutional validity of live-streaming Supreme Court proceedings. The origin of the case was a batch of writ petitions, including one filed by law student Swapnil Tripathi under Article 32 of the Constitution, seeking to permit live streaming of court proceedings to promote transparency and access to justice.
The judgment, delivered on September 26, 2018, by a Bench including Chief Justice Dipak Misra and Justices A.M. Khanwilkar and D.Y. Chandrachud, held that the right to access justice under Article 21 and the right to know and receive information under Article 19(1)(a) mandate the live streaming of proceedings of constitutional or national importance. The ratio decidendi was that live streaming is constitutionally permissible, subject to necessary safeguards.
The mechanism works by allowing the Supreme Court to live-stream cases of public interest, which led to amendments in the Supreme Court Rules, 2013, to create a regulatory framework. The Court requested the Attorney General to frame Model Guidelines to govern the process, ensuring that sensitive matters are excluded to protect privacy and maintain court decorum. This concept connects directly to the principle of open justice, which is also reflected in statutory provisions like Section 327 CrPC. The judgment paved the way for the Supreme Court to begin live-streaming Constitution Bench cases in 2022, marking a significant recent change in judicial practice.