Chief Justice of India DY Chandrachud recently highlighted the challenges faced by judges in the era of social media, particularly regarding how their remarks during hearings can be misconstrued when reported live. Speaking on the dynamics of judicial proceedings in the age of instant communication, CJI Chandrachud shed light on the complexities judges navigate while interacting with lawyers in court.
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CJI Chandrachud explained the different approaches judges take during hearings. He stated,
“You have judges who play the devil’s advocate, who tell the lawyer why they are wrong in the proposition, which they are making to draw out the best of the lawyer. And then you have another type of judges. The second type is judges who would restate what the lawyer is saying and take it to its logical conclusion.”
He emphasized that this issue becomes particularly significant in criminal trials, where there is a presumption of innocence until a judgment is pronounced. However, he noted that social media users often prematurely comment on the merits of a case, even while it is still under investigation.
“A trial judge who is hearing a case is already flooded with news, views, even at the stage of investigation, which takes us into broader areas as to whether there should be some form of regulation, or always whether self-regulation is the correct thing,”
Justice Chandrachud remarked.
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CJI Chandrachud, who revealed that he does not use platforms like X (formerly Twitter) or Facebook but keeps informed through newspapers, emphasized the importance of maintaining judicial reasoning distinct from media expressions. He acknowledged the need for judges to be trained to stay aware of the challenges posed by new technologies, especially social media.
“We need to re-skill ourselves. We need to be more conscious about what we say in court when we are live streaming our proceedings because we’re likely to be misconstrued,”
he said, pointing out the need for heightened awareness and adaptability in the digital age.
This statement from the Chief Justice underscores the evolving landscape of the judiciary in the face of rapidly changing communication technologies and the critical need for judicial adaptability and media literacy.
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