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Report No. 88

9.7. Materials referred to in the advise tendered by Members.-

At the same time, we are not unaware that in regard to any head of evidentiary privilege, there are dangers in framing the relevant provision too widely. The interest of the litigants, on the one hand, and the interest of society in the maintenance of a certain constitutional policy, on the other hand, are both important. The operative rules on the subject should seek to strike a happy balance between the two. We think that such a balance could be maintained and considerable vagueness and unintended width of the privilege could be guarded against, by providing that materials to be privileged under Article 74(2) of the Constitution as constituting the reasons must have been referred to in the advice mentioned in that article.

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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