SP Gupta vs. Union of India, AIR 1982 SC 149
The case involves a circular letter issued by the Law Minister of India to the Governor of Punjab and Chief Ministers of other states regarding the appointment of High Court Judges. It directed that consent be secured from all Additional Judges (short-term appointees) to be appointed as permanent Judge in any High Court, other than their own State. In a related matter which resulted in a second petition, three Additional judges, previously appointed for a period of two years were further appointed for a period of only three months. Such short-term appointments were allegedly unjustified and subversive of the independence of the judiciary. Petitioners claim that the circular letter is unconstitutional, and that the posts of Additional Judges should be converted into permanent Judges.
To establish their claim, petitioners sought disclosure of documents between the Minister of Justice, the Chief Justice of India and the Chief Justice of Delhi. The state argued that the documents were privileged and cannot be inquired into by any court. However, the court ordered disclosure of the documents. According to the court, no democratic government can survive without accountability, and the basic postulate of accountability is that the people should have information about the functioning of the government.