Trial By Media and the Doctrine of Separation of Powers: Reassessing Institutional Balance Under the Indian Constitutional Framework

In a democratic country like India, there is a soaring need for a check in media’s interference in powers
enjoyed by three organs such as legislature, executive and judiciary. At modern times, media is seen as
fourth pillar of democracy .It has only the right to inform but it doesn’t have the power to interfere in the
rights of executive and judiciary. During colonial period, media didn’t have the freedom to circulate
whatever they want to but in post independence period media started to enjoy its rights. Even though
Indian constitution did not expressly stated about media‘s right to freedom but through constitutional
landmark cases, court has held that media enjoys freedom of speech and expression.
As times goes, media started its own parallel investigation regarding a case and reach a conclusion
before court gives the verdict. Now it is investigative journalism rather than informative journalism.
When any serious offence takes place, media people themselves goes for an investigation and conducts
its own trial through discussion and debates decides the liability. It is the police who are having duty to
do proper investigation and find out the details regarding the offence. Media interferes into the power of
the police who are also coming under the executive organ of the state. Thereby encroaching into the
power of the police and as a result what happens is that people believe in what media finds out through
their own investigative journalism and will not believe in the efforts taken by the police in its
investigation. Media after its own investigation, it conducts its trial through elaborate discussion and
various debates. If suppose media is beforehand deciding that accused is innocent than afterwards if
judge declares that accused is guilty. Public will trust the words of media and will stop believing in
judiciary. Media interference into the power of judiciary hence affects separation of powers and criminal
justice administration