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Report No. 88

9.2. Need for protection regarding materials constituting the reasons.-

Article 74, while preserving the confidentiality of the advice tendered by Ministers, makes no specific provision in relation to the connected matters, that is to say, papers preceding the advice and forming the materials that constitute the reasons for the advice. On this point a clarification becomes necessary in view of the discussion contained in a recent decision of the Supreme Court.1

1. S.P. Gupta v. Union of India, AIR 1982 SC 149 (February issue): (1981) Suppl SCC 87 (246 to 266), paras. 59-74.

Governmental Privilege in Evidence - Sections 123, 124 and 162 of the Indian Evidence Act, 1872 and Articles 74 and 163 of the Constitution Back

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