GS Paper 2
Syllabus: Structure, Organization, and Functioning of the Executive and the Judiciary
Source: TH
Context: The CJI refused the ‘suggestions’ of the government in a sealed cover on the formation of a proposed committee to enquire into the Hindenburg report on the Adani Group.
What is sealed cover jurisprudence?
- It is a practice (origins can be traced to service or administrative cases) used by the SC and sometimes lower courts, of asking/accept information from government agencies in sealed envelopes that can only be accessed by judges.
- While a specific law does not define the doctrine of sealed cover, the SC derives its power to use it from the SC Rules 2013 and the Indian Evidence Act 1872.
- Recent times have seen the government produce myriad documents (such as the Rafale jets’ purchase deal, and the Ayodhya title dispute) as sealed covers, resulting in the doctrine rising to the status of ‘due procedure’.
| Sealed Cover Jurisprudence | |
| Pros | Cons |
| ● To avoid harm to the reputation of public servants.
● To protect the identity of rape victims. ● Disclosure can endanger national security and public order.
|
● The other parties are unable to defend themselves.
● Against the principles of natural justice and the fundamental right to know. ● Threaten the very credibility of the judicial institution (‘open court’ principle). |
Way ahead (The SC’s rulings):
- The government should claim a ‘specific privilege’ and explain the “extenuating circumstances” to keep documents secret from the other party.
- The burden would lie on the government to prove that sharing copies of the records would prove detrimental to national security and public order.
- The sealed covers could be used only in a “small exception” of cases.
Ethical Issues concerned:
- The use of Sealed Covers raises ethical concerns about transparency and fairness in judicial proceedings.
- Right to Know vs. National Security
- Erosion of Public Confidence in the Judicial System
- The principles of natural justice and the fundamental right to know cannot be taken away by the state
Conclusion: The debate on sealed covers should focus on how to strike a balance between the public’s right to know and the necessity to preserve national security.
Insta Links:
