Report No. 88
Governmental Privilege in Evidence: Sections 123-124 and 162, Indian Evidence Act, 1872 and Articles 74 and 163 of the Constitution
1.1. The subject.-
This Report deals with an important topic that lies at the frontiers of public law and adjective law-the question of State privilege. The subject was earlier known by the title of "Crown Privilege", but is currently discussed under the title "public interest privilege" or "Executive privilege". Claims of privilege under this head generally have constitutional dimensions and, for that reason, may be said to belong to the domain of public law. At the same time, the claim to such privilege is made in courts and, if successful, excludes certain species of material from being effectively admitted in evidence-thus operating in the adjective field. Because of this dual character of the privilege, a discussion of the subject borders on the realm of constitutional law as also on the realm of adjective law.