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Report No. 88

9.6. Need for amendment.-

When the matter is viewed in this light, it becomes desirable to remove the doubts created in this respect by the Supreme Court judgment.1 The implications of Article 74(2) of the Constitution should, in our opinion, be articulated more expressly and clearly than has been done at present. Such an amendment becomes necessary in order to re-state the position more clearly in the interest of harmonious working of the Constitution and in the interest of a faithful implementation of the constitutional policy as we understand it.

1. Para. 9.3, supra.

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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