When The Judge Becomes The Accused

By Inderjit Badhwar

Courts are expected to be the last refuge of reason in a democracy. They function not on popularity, but on constitutional principle, not on applause, but on evidence and law. Yet, in today’s digital age, a troubling inversion is taking place. Increasingly, judges themselves are being subjected to public trials on social media.

Criticism of judicial decisions is neither new nor undesirable. In a democracy, every institution must remain open to scrutiny. But scrutiny is fundamentally different from orchestrated vilification. The distinction between reasoned disagreement and personal attacks is becoming dangerously blurred. Social media’s algorithms reward outrage, amplify half-truths and often encourage instant verdicts before facts have had an opportunity to emerge.

This issue examines a phenomenon that extends well beyond individual judges. It raises deeper questions about the health of democratic institutions. What happens when online campaigns seek to intimidate those whose duty is to decide without fear or favour? Can judicial independence remain meaningful if judges are compelled to look over their shoulders before pronouncing a verdict? And where should society draw the line between freedom of expression and attempts to undermine the administration of justice?

Our cover story this week, written by Sanjay Raman Sinha, explores these difficult questions with nuance rather than noise. It does not argue that judges are beyond criticism. Quite the contrary. Accountability is indispensable in any constitutional democracy. But accountability must be informed, responsible and rooted in facts—not driven by misinformation, abuse or coordinated digital outrage.

Ultimately, this conversation is not about protecting individuals from criticism. It is about protecting the integrity of institutions that safeguard the rights of every citizen. When public confidence in the judiciary is weakened through sustained campaigns of misinformation and intimidation, the consequences are borne not only by judges, but by democracy itself.

As readers, we invite you to engage with this debate thoughtfully. The future of justice may well depend not only on the independence of our courts, but also on the maturity with which society chooses to disagree.

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