Trial by media: A question on constitutional supremacy in India
- Bihar Journal of Public Administration
- 21(1S), Jan-Jun, 2024:p.335-343
In recent years, the phenomenon of “Trial by Media” in India has emerged as a pressing concern, raising profound impact on judicial administration and legal questions that challenge the delicate balance between the right to free speech and the right to a fair trial. The term “Trial by Media” refers to the prejudicial impact of media coverage on ongoing legal proceedings, often resulting in the public forming opinions about the guilt or innocence of the accused before the courts can render a verdict. Some of the key legal issues involves include the potential subversion of the presumption of innocence, the risk of witness contamination, and the challenges posed to the impartiality of the judiciary. Addressing the legal complexities of trial by media in India necessitates a comprehensive re-evaluation of existing legal frameworks, along with a nuanced understanding of the delicate equilibrium between the media’s right to inform and the individual’s right to a fair trial. This requires an examination of the landmark cases that have grappled with the ethical and legal ramifications of media trials, shaping the contours of jurisprudence in India. Therefore, this paper is an attempt at the multifaceted dimensions of this issue, shedding light on the legal intricacies surrounding media trials within the Indian legal framework. This also would try to scrutinize the constitutional implications of such trials, delving into the clash between the media’s right to freedom of expression and an individual’s right to a fair and impartial trial. – Reproduced
Trial by media, Freedom of expression, Reasonable restriction, Judicial Administration, Free Speech, Fair Trial, Presumption of Innocence, Witness Contamination, Judicial Impartiality, Indian Legal Framework, Constitutional Law, Landmark Cases, Media Ethics, Jurisprudence in India