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Chief Justice Chandrachud Warns Judges: Courtroom Remarks May Be Misconstrued on Social Media
A Quick Glance
- On November 20, 2023, Former Chief Justice of India (CJI) DY Chandrachud emphasized the importance of judges adapting to the challenges presented by social media, urging them to exercise caution in their statements during live-streamed court proceedings.
- Speaking at an event organized by the Harvard Law School Center on the Legal Profession, CJI Chandrachud acknowledged the surge in live reporting of courtroom hearings by numerous individuals on social media platforms.
- He highlighted the evolving landscape, noting that in the past, only a few journalists covered court proceedings. However, with the advent of social media, there is now a multitude of individuals acting as live reporters, providing minute-by-minute updates.
- While recognizing the issues posed by social media, CJI Chandrachud acknowledged that technology, including social media, is now an integral part of society, and there is no choice but to navigate its challenges.
- CJI Chandrachud drew attention to the potential for misinterpretation on social media, particularly in cases where judges engage in dialogues with lawyers. He distinguished between judges who play the devil's advocate to elicit the best arguments from lawyers and those who summarize arguments, cautioning that live reports on social media often misconstrue these interactions as indicative of the court's final judgment.
- 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.”
- The CJI stressed that this challenge becomes even more significant in criminal trials, where the presumption of innocence is crucial. Social media users frequently comment on the merits of a case while it is still under investigation, potentially influencing public opinion. Despite the traditional training of judges to remain impartial, the prevalence of electronic media raises questions about the need for regulation or self-regulation.
- CJI Chandrachud admitted to not being on certain social media platforms but emphasized the importance of judges being trained to handle the impact of new technologies, particularly social media.
- He emphasized the importance of judges being mindful of their words during live-streamed proceedings to avoid being misinterpreted. The CJI concluded by underscoring the importance of judges re-skilling themselves to navigate the challenges imposed by social media in the modern legal landscape.
