In Chief Election Commissioner of India v. M.R. Vijayabhaskar, the Supreme Court addressed the controversy surrounding certain remarks made by the Chief Justice of the Madras High Court. In doing so, it observed that open court proceedings served a vital democratic function as they expose the judicial process to public scrutiny (para. 19). It also noted that the judicial independence and expressive freedom of judges, however important, come paired with an obligation of restraint, particularly when strong or scathing language is directed at individuals or institutions (para. 38). And crucially, that a court speaks formally through its judgments and orders, not its oral remarks (para. 43).
This archive lies in the space between these observations. It documents moments where 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 and not 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.
Created by Shagnik Mukherjea