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Media Trials In India: A Constitutional Perspective


Allam Tony Nishitha Reddy, CHRIST (Deemed to be University), Pune-Lavasa Campus, Maharashtra


ABSTRACT


As important as forming public opinion, holding the government accountable, and ensuring it is transparent in whatever manner is necessary, media in India attains a fourth estate status, often referred to as the "fourth pillar of democracy." This role is constitutionally protected under Article 19(1)(a) of the Indian Constitution, which guarantees1 freedom of speech and expression, thereby stretching such protection to the press2. However, this freedom is also curbed by the Constitution through Article 19(2), which grants permission to place reasonable restrictions on grounds such as public order, decency and national security.3 The said checks are specifically significant in the case of media trials wherein the press acts in a quasi-judicial role by broadcasting cases that are ongoing. Thus, even though the media had the most influential role in producing crimes and raising public awareness, unchecked media influences in the active course of trial proceedings risk challenging judicial impartiality and the fundamental right of a fair trial under Article 21.



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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