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Legal Case Shots

Court judgements broken down into the case type, how the decision played out, and the lesson worth remembering, with the full judgement available as a PDF.

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Legal Case Shots is a searchable database of Supreme Court of India judgments, each broken down into the case type, the court's key holding, and a practical lesson learnt, with the full judgment available as a PDF for citation or deeper reading.

Constitutional LawSupreme Court of India

In Re: Guidelines for Court Functioning Through Video Conferencing During COVID-19 Pandemic

Suo Motu Writ Petition (Civil) · 2020 INSC 331Decided 6 Apr 2020
Suo Motu Writ Petition (Civil) No. 5 of 2020
Chief Justice S.A. Bobde · Dr. Justice D.Y. Chandrachud · Justice L. Nageswara Rao

Background

With the COVID-19 pandemic forcing social distancing, the Supreme Court took suo motu (on its own motion) cognisance of the need to ensure courts across India could keep functioning without requiring lawyers, litigants and staff to be physically present in packed courtrooms. The Court invoked its own and various High Courts' existing practice of shifting to video-conferencing for hearings and considered whether formal, binding guidelines were needed to standardise and protect this transition nationally.

Decision Breakdown

Exercising its power under Article 142 of the Constitution to do "complete justice," the Court declared that all measures already taken (and to be taken) by it and the High Courts to reduce physical presence in court premises would be deemed lawful, and authorised the Supreme Court and every High Court to adopt video-conferencing technologies as each found suitable to their own circumstances, with District Courts following the mode prescribed by their High Court. It directed concerned courts to maintain a complaint helpline for audio/video quality issues to be raised only during or immediately after a hearing, to make video-conferencing facilities available (including through an amicus curiae where needed) to litigants who lack access to the technology themselves, and clarified that video conferencing would primarily be used for arguments: evidence could not be recorded by video conferencing without both parties' mutual consent, and courtroom presiding officers retained discretion to restrict courtroom entry or adjourn proceedings if social distancing could not be maintained.

Lesson Learnt

During a public health emergency, the right of access to justice does not pause: courts can lawfully shift core functions like hearings to video conferencing under their own authority, but certain safeguards remain non-negotiable, such as requiring both sides' consent before evidence can be recorded remotely, and ensuring litigants without technology access are not shut out.

In Re: Guidelines for Court Functioning Through Video Conferencing During COVID-19 Pandemic – Legal Case Shots | LegalAware