UGC Approved Journal no 63975(19)
New UGC Peer-Reviewed Rules

ISSN: 2349-5162 | ESTD Year : 2014
Volume 13 | Issue 1 | January 2026

JETIREXPLORE- Search Thousands of research papers



WhatsApp Contact
Click Here

Published in:

Volume 13 Issue 1
January-2026
eISSN: 2349-5162

UGC and ISSN approved 7.95 impact factor UGC Approved Journal no 63975

7.95 impact factor calculated by Google scholar

Unique Identifier

Published Paper ID:
JETIR2601449


Registration ID:
574931

Page Number

e335-e344

Share This Article


Jetir RMS

Title

Freedom of Expression and the Right to a Fair Trial in India: A Constitutional Analysis of Media Influence on Criminal Justice

Abstract

Freedom of expression and the right to a fair trial are two fundamental pillars of the Indian constitutional framework, both essential to the functioning of a democratic society governed by the rule of law. Article 19(1)(a) of the Constitution guarantees freedom of speech and expression, empowering the media to inform the public, promote transparency, and hold state institutions accountable. Article 21, on the other hand, protects life and personal liberty and has been judicially interpreted to include the right to a fair trial, encompassing presumption of innocence, due process, and judicial impartiality. In recent decades, the rapid expansion of print, electronic, and digital media has intensified the interaction between these two rights, particularly in the context of criminal justice reporting, giving rise to concerns about prejudicial publicity and trial by media. This research undertakes a doctrinal and analytical examination of the legal framework governing freedom of expression and fair trial rights in India. It explores the constitutional foundations of Articles 19 and 21, the scope of reasonable restrictions on free speech, and the evolving judicial interpretation that seeks to harmonize media freedom with the requirements of fair and impartial adjudication. The study also examines the statutory and regulatory mechanisms governing media conduct, highlighting their limitations in addressing the systemic and pervasive nature of media trials, especially in the digital age. The analysis reveals that while Indian constitutional jurisprudence recognizes the democratic importance of a free press, it simultaneously underscores the necessity of protecting the administration of justice from prejudicial influence. The absence of clear statutory definitions, fragmented regulation, and reactive enforcement mechanisms has weakened the effectiveness of existing safeguards. The research emphasizes the need for a balanced constitutional approach grounded in proportionality, responsibility, and ethical journalism to reconcile freedom of expression with fair trial rights. By situating media trials within the broader constitutional context, this study contributes to the discourse on democratic governance and judicial integrity in India. It concludes that preserving the equilibrium between media freedom and fair trial rights is essential for safeguarding individual liberties, maintaining public confidence in the justice delivery system, and upholding the rule of law in an increasingly media-driven society.

Key Words

Freedom of Expression; Right to Fair Trial; Article 19; Article 21; Media Trials; Judicial Independence; Presumption of Innocence;

Cite This Article

"Freedom of Expression and the Right to a Fair Trial in India: A Constitutional Analysis of Media Influence on Criminal Justice", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.13, Issue 1, page no.e335-e344, January-2026, Available :http://www.jetir.org/papers/JETIR2601449.pdf

ISSN


2349-5162 | Impact Factor 7.95 Calculate by Google Scholar

An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 7.95 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator

Cite This Article

"Freedom of Expression and the Right to a Fair Trial in India: A Constitutional Analysis of Media Influence on Criminal Justice", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.13, Issue 1, page no. ppe335-e344, January-2026, Available at : http://www.jetir.org/papers/JETIR2601449.pdf

Publication Details

Published Paper ID: JETIR2601449
Registration ID: 574931
Published In: Volume 13 | Issue 1 | Year January-2026
DOI (Digital Object Identifier):
Page No: e335-e344
Country: Bhilai, Chhattisgarh, India .
Area: Other
ISSN Number: 2349-5162
Publisher: IJ Publication


Preview This Article


Downlaod

Click here for Article Preview

Download PDF

Downloads

0002

Print This Page

Current Call For Paper

Jetir RMS