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VOL. 11, ISSUE 7 (2025)
The black box of Indian democracy: Classified Supreme Court verdicts
Authors
Akanshi Taneja, Simren Parel
Abstract
This article critically analyses the ongoing
opacity surrounding some significant Supreme Court decisions in India that are
still unavailable to the public despite the constitution's call for open
justice, most notably the 1975 Habeas Corpus case (ADM Jabalpur v. Shivkant
Shukla) and recent national security decisions. The article explores the legal,
institutional, and political justifications for the existence of a "dark
archive" within Indian constitutional law through doctrinal analysis,
reviewing statutory frameworks like the Official Secrets Act and the Right to
Information Act, and a comparative study of the structured "closed
judgments" system in the United Kingdom. While highlighting the
detrimental effects of judicial secrecy on precedent, legal certainty, and
public trust, the discussion also identifies important legal gaps, including
the lack of independent oversight and statutory declassification mechanisms. Given
that India's judiciary has started implementing previously unheard-of
transparency initiatives, such as live streaming Supreme Court proceedings,
disclosing judges' assets to the public, and increasing transparency in
judicial appointments, this question is particularly pertinent today.
Notwithstanding these developments, the persistent inaccessibility of some
rulings highlights unresolved conflicts between state secrecy and transparency.
The article stresses the critical need for principled transparency to protect
the legitimacy and accountability of India's highest court in a time of growing
state surveillance, digital governance, and increased public scrutiny of
institutions.
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Pages:1-6
How to cite this article:
Akanshi Taneja, Simren Parel "The black box of Indian democracy: Classified Supreme Court verdicts". International Journal of Law, Vol 11, Issue 7, 2025, Pages 1-6
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