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Judicial Twitter: Free Speech And Ethical Boundaries Of Judges Online




Mohd. Salim, Asst. Professor, Crescent School of Law, Chennai


ABSTRACT


The dawn of judicial presence on platforms such as Twitter/X broach a novel tension between the constitutional guarantee of free expression and the ethical imperatives of judicial office. While judges, as citizens, are entitled to the freedoms secured under Article 19(1)(a) of the Indian Constitution, their speech is necessarily constrained by the reasonable restrictions of Article 19(2), the constitutional demand of impartiality, and the normative weight of public confidence in the judiciary. This article interrogates the boundaries of judicial free speech in the digital age, situating the debate within the framework of the Restatement of Judicial Values (1997) and the Bangalore Principles of Judicial Conduct (2002), both of which remain silent on social media engagement. Drawing from comparative jurisprudence in the United States and the United Kingdom, where advisory opinions and disciplinary precedents illuminate the risks of online expression, the study identifies the dual possibilities of judicial Twitter: as a tool for transparency and legal literacy, and as a threat to impartiality, dignity, and the appearance of independence. Against this backdrop, the article argues for the formulation of a dedicated Judicial Social Media Code of Conduct in India, one that reconciles constitutional rights with institutional responsibility. By offering a structured policy model, it seeks to preserve the credibility of courts while enabling the judiciary to engage meaningfully with the public sphere in the digital era.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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