In Chief Election Commissioner of India v. M.R. Vijayabhaskar, the Supreme Court addressed the controversial remarks made by the Chief Justice of the Madras High Court. It took the opportunity to reaffirm that open court proceedings serve a vital democratic function by subjecting the judicial process to public scrutiny (para. 19).
It further observed that judicial independence and the expressive freedom of judges, however important, carry an equally significant obligation of restraint, especially when strong or scathing language is directed at individuals or institutions (para. 38). It also observed that a court's formal opinion is expressed through its judgments and orders, not its oral remarks (para. 43).
This archive exists in the space between these two propositions. It documents moments where such judicial restraint appears to have been tested, and where oral remarks have shaped the public (if not formal) opinion of courts.
Importantly, it is descriptive rather than evaluative. Remarks are reproduced in their full context, without commentary, leaving readers to draw their own conclusions. It is also necessarily incomplete. To suggest or amend an entry, please write to us here.