The Concept of Open Justice and Open Court: An Appraisal of Indian Legal System

The concept of open justice requires that all trials before the court must be held in public. Open and transparent proceeding before the court boost the confidence level among the public by getting opportunity to view the courtroom proceedings. Recently, a good initiative is taken by the Supreme Court permitting live streaming of its proceedings. This move may enhance the concept of openness and transparency. However, a careful balance has to be achieved between the concept of open court and open access justice, and the cry for privacy. There could be no totalitarian application of either one concept as that would defeat the purpose of both equally valid concepts. The imperative need for public justice was emphatically stressed by Jeremy Bentham when he said, ‘Publicity is the very soul of justice. It keeps the judge, while trying, under trial.’ The paper examines the provisions of open court provided under the different laws of India is being adhered for fair administration of justice. Further, it envisages the public trial in open court is constitutional mandate of due process of law. Because the law belongs to the people. The principle of open justice is the cornerstone for ensuring that law fulfils this role, and does not become a tool for arbitrary power. Open justice exists in order to ensure that decisions in court are served properly and effectively. The researcher will apply the doctrinal research methodology for the work and data collection may be primary and secondary based on authentic information.