Topic– Structure, organization and functioning of the Executive and the Judiciary
2) Use of sealed cover in its proceedings is well-intentioned, but may not be the correct way to approach issues of constitutional, national or institutional importance. Comment. (250 words)
Why this question
Use of sealed covers to present facts, arguments in the proceedings before the SC has been often criticised for being opaque and against the principles of justice. In this context it is important to discuss their use in the judiciary, its main purpose and problems arising out of it.
Comment- here we have to express our knowledge and understanding of the issue and form an overall opinion thereupon.
Key demand of the question.
The question wants us to express our knowledge and understanding of the use of sealed covers in judicial proceedings in the SC and express our opinion as to why even though it has good intentions, its approach is not right.
Structure of the answer
Introduction– write a few introductory lines about the use of sealed covers in proceedings before the SC. E.g mention a few high profile cases where it was used like the Rafale case, NRC, BCCI case etc.
- Discuss the main purpose of such arrangement. E.g The intent behind the use of sealed covers is to reduce public commentary and media discussion on the details so as to insulate the decision-making process from unmanageable public discourse. It is well-intentioned, but simply not the correct way to approach issues of constitutional, national or institutional importance etc.
- Discuss the negative implications. E.g The increasing trend in the Supreme Court (SC) in directing one of the parties, usually the state or its agencies, to submit factual details in a sealed envelope, without a copy to the contesting party, allows the state to increasingly prejudice or even misguide the court; Decisions on these matters have large social and political significance. It is therefore natural that citizens groups, media and political parties will have views on them; In the absence of an appellate forum above the SC, its decisions gain acceptability, when its reasoning carries demonstrable credibility. Decisions based on untested facts, emanating from secret dialogue between the state and the court lack the desired credibility etc.
Conclusion- based on your discussion, form a fair and a balanced conclusion on the given issue.