Ahmedabad – In a comprehensive address at the 21st Justice PD Desai Memorial Lecture, Honorable Justice Vikram Nath, Judge of the Supreme Court of India, declared that in a “digital republic,” the ancient principle of open justice must evolve beyond the physical walls of the courtroom to meet the modern citizen on their screens. Speaking on the theme “Open Justice in Digital Republic,” Justice Nath—widely recognized for pioneering live streaming in India—argued that transparency is not a novelty but a “constitutional method of exercising judicial power”.

The Philosophy of Openness: Beyond “Ornaments”

Justice Nath emphasized that the concept of an open court is deeply embedded in the Indian legal tradition, citing Article 145(4) of the Constitution and procedural laws that mandate public hearings. He noted that “justice must not only be done but must also be seen to be done,” a maxim that serves as a powerful check against arbitrariness and secrecy.

“Courts do not derive authority from secrecy; they derive authority from reasoned public work,” Justice Nath stated. He explained that in a digital age, the “public gallery” must expand to address barriers of distance, time, and cost, ensuring that openness remains a “constitutional promise usable for the citizen at large”.

The “Gujarat Model”: A National Benchmark

Reflecting on his tenure as Chief Justice of the Gujarat High Court, Justice Nath recalled how the institution became the first in the country to telecast proceedings live on YouTube on October 26, 2020. He described this not as the achievement of one person, but as the story of an institution willing to adapt during the COVID-19 crisis.

The “Gujarat Model” was lauded for its simplicity and usability, allowing citizens to follow proceedings without “insider guidance”. Justice Nath highlighted that since this pilot, at least 19 High Courts across India have operationalized live streaming in various forms.

In his lecture, Justice Vikram Nath connected the modern concept of digital transparency to ancient traditions of witnessing, specifically referencing the Mahabharat:

“The Hindu mythology has long understood the idea of witnessing at a distance in the Mahabharat Sanjay receives Dvyadrishi from sage Vas so that though deprived of sight could still know what is unfolding on the battlefield.”

He noted that this episode illustrates the concept of accountability, as a king who failed to restrain his son was “made to confront day after day the consequences of his decisions as they unfold.” In a similar way, Justice Nath argued that a constitutional republic requires “reliable sight of institutions” that act in the public’s name.

Regarding the balance between transparency and the integrity of the legal process, Justice Nath emphasized that openness and fairness are not adversaries; rather, the purpose of openness is to strengthen justice. He provided the following verbatim principle:

“If openness becomes an instrument of injustice in a particular setting it must yield to the paramount requirement that justice is done fairly and with dignity.”

He further clarified that the legal architecture in India is built upon a foundation of “responsible openness” that acknowledges the need to protect privacy, dignity, and vulnerability in certain sensitive cases, such as those involving sexual offenses or matrimonial disputes. For the digital age, he advocated for “calibrated transparency”—a model that expands public access through technology while strictly preserving the balance, dignity, and humanity of the judicial process.

Impact on Legal Literacy and Training

One of the most significant benefits of live streaming, according to Justice Nath, is its role as a “classroom” for law students and young advocates.

• Advocacy Skills: Students can now witness the “craft of litigation,” learning the difference between “assertion and proof” and the “etiquette of disagreement” from their own homes.
• Legal Literacy: For the general public, watching real-time proceedings helps them understand the Constitution as a “working promise” rather than a distant text.
• Accountability: Increased visibility discourages “frivolous adjournments” and makes the entire judicial system more answerable to the people.

Addressing Risks: Clips, Misuse, and AI

Justice Nath candidly addressed the “unpleasant” side of transparency, such as the circulation of selective clips, “hot microphones,” or awkward moments caught on camera. However, he firmly stated that “the answer to a few misused clips cannot be to close the doors again”.

Instead, he proposed a model of “calibrated transparency” involving:

• Structured Guidelines: Clear exclusions for sensitive cases like matrimonial disputes, sexual offenses, and privacy matters.
• Technical Guardrails: Short-time delays and the presiding judge’s power to “pause or stop the feed” when justice requires.
• Responsible AI: While AI can assist with searchable transcripts and translations, Justice Nath warned against its “hallucinations” and insisted that “responsibility for verification must always remain human”.

A Vision for 2027

Looking toward the future, Justice Nath shared a personal aspiration for his remaining tenure on the bench. He expressed his hope that by the time he demits office in September 2027, live streaming in the Supreme Court of India will have transitioned from an experiment into a “settled and responsible norm”.

“Open justice is not a substitute for discipline; it depends on it,” he concluded, reiterating that a visible, reasoned process is the only way for the judiciary to earn and maintain the public’s trust in a digital republic.

How Live Streaming Began in Gujarat High Court

In his lecture, Justice Vikram Nath shared the narrative of how live streaming began at the Gujarat High Court, emphasizing that it was not the work of a single person but the story of an institution willing to experiment.

The process began out of necessity when the COVID-19 pandemic struck in March 2020, just six months after he joined the Gujarat High Court as Chief Justice. With the legal system paralyzed and everything shut down, the court had to quickly pivot to virtual proceedings. Justice Nath credits a “very good IT team” led by Mr. Hitesh Ukrani, the Registrar IT, whom he describes as “very passionate about technology” and full of “brilliant ideas”.

The transition involved several practical steps and hurdles:

Infrastructure: The court had to procure necessary equipment, and efforts were made to ensure lawyers were similarly equipped to connect to the system.

Adaptation: While younger, tech-savvy lawyers adapted quickly to virtual mode and digital filing, some senior members of the bar initially faced difficulties.

The “Credit Card” Detail: Justice Nath recalls a practical logistical challenge where the official YouTube channel required payments that were initially made through a personal account and subsequently reimbursed by the High Court.

Going Live: On October 26, 2020, the Gujarat High Court made history by becoming the first in the country to implement the “open court” concept through live-streamed proceedings on its official YouTube channel.

Full Court Adoption: While the rollout was gradual, eventually almost the entire court joined the initiative, with the full court going live in July 2021.

The formal inauguration of the live streaming program occurred in July 2021, featuring virtual addresses from the Chief Justice of India and Justice Chandrachud (then Chairman of the E-Committee) from Delhi. During this event, the High Court also released tentative rules for live streaming.

Justice Nath expresses deep gratitude to his fellow judges, the registry, and the bar for their full cooperation. He dismisses minor technical or behavioral “aberrations” as minuscule compared to the massive benefits provided to the public, students, and young lawyers who can now witness the “living culture” of the court regardless of their location.

Justice Vikram Nath used the phrase “it is only because Gujarat made it possible” to describe how live streaming of court proceedings first began in India.

During his lecture, he explained that while he is often introduced as the judge who pioneered live streaming, he views it as a collective achievement of the institution rather than the story of a single person. He highlighted several factors that allowed this breakthrough to happen at the Gujarat High Court:

Institutional Willingness: He credited the High Court as an institution that was “willing to experiment”.

Adaptability: He noted that both the bar and the bench were willing to adapt to the new digital format during a challenging period.

Technical Team: He specifically praised the administrative and IT team, led by Registrar IT Mr. Hitesh Ukrani, for their “brilliant ideas” and for making the vision work on an ordinary working day.

This initiative officially began on October 26, 2020, making the Gujarat High Court the first in the country to implement the concept of an open court through live YouTube telecasts. Justice Nath emphasized that this “Gujarat Model” has since traveled across the country, with live streaming now operational in at least 19 High Courts. He concluded that if live streaming has become a defining part of his professional identity, it is fundamentally due to the support and culture of the state and its legal community. DeshGujarat