Public Interest Immunity Claim [UPSC Notes]

Criticizing the so-called “sealed cover jurisprudence”, the Supreme Court of India has introduced a new procedure for ‘public interest immunity claim’. The “sealed cover procedure” is a practice where sensitive information or evidence is submitted to the court in a sealed envelope or cover, which only the judge and certain authorized parties can access. This is done to prevent the information from becoming public or being disclosed to unauthorized parties.

Against this backdrop, know what is the public interest immunity claims for the IAS exam polity and governance segment of GS paper II.

Public Interest Immunity Claim

Public interest immunity (PII) is a legal doctrine that allows the State to withhold sensitive information from being disclosed in court proceedings to protect national security or public interest.

• The procedure for making a PII claim in the SC will be governed by the Supreme Court’s Public Interest Immunity Claim Procedure (SCPIICP).

Measure of validity of the claim:

• The Supreme Court ruled that PII claims related to national security must be based on the test of:
  • Is there information showing that keeping the information secret is important for national security?
  • Would a normal, careful person also come to the same conclusion based on the available information?
• The court concluded that the structured proportionality standard is a more appropriate standard of review for public interest immunity claims than the sealed cover procedure.
  • “Structured proportionality” standard means that the court will consider whether the harm caused by disclosing the information outweighs the public interest in having access to the information.
• The use of “sealed cover proceedings” not only affects the principles of natural justice (which include the right to a fair and impartial trial) but also the principle of open justice, which is the concept that judicial proceedings should be transparent and open to the public.
  • In contrast, the assessment of public interest immunity claims only impacts the principles of natural justice.

Appointment of an amicus curiae to balance the concerns of confidentiality and public confidence:

• In order to protect the rights of the claimant in cases involving public interest immunity proceedings and also to balance the conflicting considerations, the Court could appoint an amicus curiae (Latin for “friend of the court”).
  • There is a need to comply with Article 145 of the Constitution, which mandates that all judgments of the Supreme Court must be delivered in open court.
  • By appointing an amicus, the court can ensure that all relevant information is presented in open court, and that the judgment is delivered in accordance with the constitutional requirements.
• Working of the amicus curiae:

• The amicus appointed by the court will be given access to materials that the state wants to withhold. 
• They will interact with the applicant and their lawyer before the proceedings to help them make effective submissions on the necessity of disclosure.
• Once the public interest immunity proceeding has commenced and the counsel has examined the document in question, the amicus will refrain from communicating with the applicant or their counsel.
• The amicus will represent the interests of the applicant and will be bound by an oath of confidentiality.

Other aspects of PII claim observed by the apex court:

• The court noted that while considering a public interest immunity claim, it is important not to dilute procedural guarantees.
  • It is to be ensured that the rights of all parties involved are respected and that justice is done.
• The Court noted that public interest immunity proceedings are confidential.

• • Only the court and the party seeking non-disclosure of the material have access to the proceedings.

• The court proposed an alternative solution, which involved redacting the confidential parts of the document and presenting a summary of its contents.
• The court also acknowledged that public interest immunity proceedings may occur in a closed setting, but it must provide a clear explanation of the principles used to make a decision, even if some information is hidden. This hidden information will be kept on record for future reference by the courts.

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