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Report No. 88

9.4. Another view possible.-

We have given anxious consideration to the reasoning and the conclusion in the judgment of the Supreme Court referred to above. However, with respect, it appears to us that it is possible to take a different view in the matter. It is evidence that supplies the reasons or grounds for the conclusions on various questions of fact at issue. It is because of the evidence that factual conclusions on matters at issue are reached. To put it differently, in litigation, evidence constitutes the factual grounds or reasons for the decision. Similarly, in regard to the advice tendered by Ministers to the President, the materials that support the Ministerial advice represent the factual grounds or reasons for the advice. We therefore consider it proper to regard the materials forming the basis of the advice as part of the grounds or reasons for the advice.

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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