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UPSC Notes

Open Justice and Judicial Transparency

PYQs

8

Articles

1

Momentum

21

Phase IFoundation

Background

Overview

Essential for understanding the functioning of the judiciary, constitutional principles, fundamental rights, and the balance between different public interests in a democratic society.

The principle of open justice ensures that judicial proceedings are accessible to the public, fostering transparency, accountability, and public confidence in the judiciary. It is a cornerstone of a fair and democratic legal system, often linked to the right to freedom of speech and expression.

Phase IIStatic core

Facts & tables

Key facts

Purpose

Ensures public scrutiny of judicial processes and guards against arbitrariness.

Constitutional Basis

Often linked to Article 19(1)(a) (freedom of speech and expression) and the broader constitutional ideals of a democratic republic.

Balance

Must be balanced against concerns like privacy, national security, and potential misuse or commercial exploitation of proceedings.

Supreme Court Stance

The Supreme Court has consistently upheld this principle in various judgments, including allowing livestreaming of proceedings.

Reference table

Static syllabus anchors

TypeReference
Conceptual areaFundamental Rights
Conceptual areaSeparation of Powers & Constitutional Ideals

Reference table

Institutions & roles

BodyRole
Supreme Court of IndiaUpholds and interprets constitutional principles, issues directives
Phase IIIExam lens

Prelims angle

Overview

Prelims angle: Definition-based questions

Prelims angle: Institutional roles and functions

Quick revision

  • Core principle: public access to judicial proceedings.
  • Promotes transparency, accountability, public trust in judiciary.
  • Linked to Article 19(1)(a) - freedom of speech and expression.
  • SC order balances open access with preventing misuse/commercial exploitation of recordings.
  • Aims to establish a protocol for accessing court archives.

High-confidence PYQs

2025Statement-based questions, Conceptual understanding

Consider the following statements with regard to pardoning power of the President of India: I. The exercise of this power by the President can be subjected ...

Indian PolityOpen question
2024Definition-based questions, Institutional roles and functions

A Writ of Prohibition is an order issued by the Supreme Court or High Courts to :

Indian PolityOpen question

Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy?

Indian PolityOpen question
2024Factual recall, Conceptual understanding

A Writ of Prohibition is an order issued by the Supreme Court or High Courts to :

Indian PolityOpen question

Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy?

Indian PolityOpen question
2023Statement-based questions, Conceptual understanding

In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of the Fundamental ...

Indian PolityOpen question

Consider the following statements: Statement-I: The Supreme Court of India has held in some judgements that the reservation policies made under Article 16(4...

Indian PolityOpen question
2023Factual recall, Conceptual understanding

In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of the Fundamental ...

Indian PolityOpen question

Consider the following statements: Statement-I: The Supreme Court of India has held in some judgements that the reservation policies made under Article 16(4...

Indian PolityOpen question
2021Statement-based questions, Conceptual understanding

With reference to Indian Judiciary, consider the following statements: 1. Any retired judge of the Supreme Court of India can be called back to sit and act ...

Indian PolityOpen question
2019Conceptual understanding, Institutional roles and functions

With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations o...

Indian PolityOpen question
2018Statement-based questions, Conceptual understanding

Consider the following statements : 1. The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of India. 2. The validi...

Indian PolityOpen question

Topic timeline

Fundamental RightsSeparation of Powers & Constitutional Ideals
Prelims 2018· Statement-based questions, Conceptual understanding

Consider the following statements : 1. The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of India. 2. The validi...

Open question
Prelims 2019· Conceptual understanding, Institutional roles and functions

With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations o...

Open question
Prelims 2021· Statement-based questions, Conceptual understanding

With reference to Indian Judiciary, consider the following statements: 1. Any retired judge of the Supreme Court of India can be called back to sit and act ...

Open question
Prelims 2023· Statement-based questions, Conceptual understanding

In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of the Fundamental ...

Open question

Consider the following statements: Statement-I: The Supreme Court of India has held in some judgements that the reservation policies made under Article 16(4...

Open question
Prelims 2023· Factual recall, Conceptual understanding

In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of the Fundamental ...

Open question

Consider the following statements: Statement-I: The Supreme Court of India has held in some judgements that the reservation policies made under Article 16(4...

Open question
Prelims 2024· Definition-based questions, Institutional roles and functions

A Writ of Prohibition is an order issued by the Supreme Court or High Courts to :

Open question

Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy?

Open question
Prelims 2024· Factual recall, Conceptual understanding

A Writ of Prohibition is an order issued by the Supreme Court or High Courts to :

Open question

Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy?

Open question
Prelims 2025· Statement-based questions, Conceptual understanding

Consider the following statements with regard to pardoning power of the President of India: I. The exercise of this power by the President can be subjected ...

Open question

News outlets can report courts, but cannot ‘utilise’ audio-video clips of proceedings: Supreme Court order

05 Aug 2026 · The SC's recent order on audio-video recordings highlights the ongoing challenge of balancing open justice with preventing misuse and commercial exploitation of judicial proceedings, aiming for regulated access.

Read article

Related topics

Current topic

Open Justice and Judicial Transparency

Often confused with

Regulation of Media Reporting of Judicial Proceedings

Open notes

Practice writing on this topic

UPSC has asked 8 linked questions on Open Justice and Judicial Transparency in Mains. Write an answer to one — and get it evaluated.

See Mains PYQsEvaluate an answer

UPSC Prelims PYQs on Open Justice and Judicial Transparency

Practice official previous year questions asked by UPSC related to this concept.

A Writ of Prohibition is an order issued by the Supreme Court or High Courts to :

2024·Indian Polity
Solve

With reference to Indian Judiciary, consider the following statements: 1. Any retired judge of the Supreme Court of India can be called back to sit and act ...

2021·Indian Polity
Solve

With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations o...

2019·Indian Polity
Solve

Consider the following statements with regard to pardoning power of the President of India: I. The exercise of this power by the President can be subjected ...

2025·Indian Polity
Solve

In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of the Fundamental ...

2023·Indian Polity
Solve

Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy?

2024·Indian Polity
Solve

Consider the following statements : 1. The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of India. 2. The validi...

2018·Indian Polity
Solve

Consider the following statements: Statement-I: The Supreme Court of India has held in some judgements that the reservation policies made under Article 16(4...

2023·Indian Polity
Solve

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