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Fair Trial

MEDIA TRIAL & JUSTICE: A CRITICAL ANALYSIS

Volume III Issue IV /

MEDIA TRIAL & JUSTICE: A CRITICAL ANALYSIS Sholanki Bhowmik, Assistant Professor of Law, Saroj International University, Lucknow (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.184 This study explores the growing phenomenon of media trials in India and its complex relationship with the justice system. Although the media is often celebrated as the “fourth pillar of democracy,” its conduct in high-profile criminal cases has raised difficult questions about fairness, ethics, and the limits of press freedom. Over the years, news reporting has moved beyond its traditional role of informing the public and has, at times, taken the shape of parallel investigations that frame narratives long before courts begin their work. This paper critically examines how such premature conclusions and sensational coverage can influence public opinion, affect the rights of the accused, and indirectly place pressure on judges, lawyers, and investigators. Drawing on doctrinal research, case laws, and statutory developments, the study traces the evolution of Indian media regulations and discusses the tension between the freedom of speech under Article 19(1)(a) and the fundamental right to a fair trial. It also evaluates the impact of media trials on privacy, the presumption of innocence, and the administration of justice through an analysis of landmark cases such as the Jessica Lall trial, the Nirbhaya case, the Aarushi Talwar case, and recent incidents like the Aryan Khan and RG Kar matters. The paper concludes that while media trials can promote accountability and social awareness, unchecked sensationalism poses serious risks to judicial independence. It argues for stronger regulatory mechanisms, ethical guidelines, and public awareness to ensure that media freedom and fair trial rights coexist without undermining each other.

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UNDERSTANDING THE INDIAN COLLEGIUM SYSTEM: A COMPREHENSIVE OVERVIEW

Volume 1 Issue IV /

UNDERSTANDING THE INDIAN COLLEGIUM SYSTEM: A COMPREHENSIVE OVERVIEW Mudit Naveen, Student at The ICFAI Law School, The ICFAI University, Jaipur Harshit Naveen, Student at The ICFAI Law School, The ICFAI University, Jaipur Download Manuscript ABSTRACT The entire approach followed for appointing and transferring of judges in the Supreme and High Court has been questioned for its transparency and answerability. It is crucial for a fair trial that the judges must be independent, competent, and impartial. Thus, the adopted process for the appointment of judges shall be free from all types of direct or indirect influences from either the judiciary or government. The Indian Constitution of 1860 empowers the president for the appointment of judges after consulting with the Chief Justice of India. This study is based on doctrinal research to examine the effectiveness of the adopted appointment process i.e., collegium system, and to analyze the merits and demerits of the said process. This study is done in three steps viz. collecting data from different sources such as SCC Online, and Manupatra, analyzing the data, and finally report writing. This study traces the history of the collegium system and the long hassle between the judiciary and executive. It is argued that the collegium system has originated and evolved through various landmark judgments, namely first, second, third, and fourth judge’s cases. Because of the pitfalls in the collegium system the executive, through the ninety-ninth amendment introduced the National Judicial Appointment Commission Act of 2014 to replace it. However, it was declared unconstitutional in the fourth judge’s case. It is argued that the collegium system separates the judiciary from the executive safeguarding its decency and autonomy intact which also prevents further politization and biased judgments, but it may be subjected to nepotism and favoritism and lacks transparency and accountability, proving that there is a strict need to reform it. Furthermore, this paper analyzes the application of RTI, considering the collegium system in India. This study concludes with suggestions that make the collegium system more transparent and accountable. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue IV, Page 525-537. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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