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Report No. 88

9.8. Recommendations as to Articles 74 and 163 of the Constitution.-

This postulates an amendment of the relevant constitutional provisions. It may be difficult to give a precise draft, but the following is a very rough suggestion for an Explanation to be added to Article 74 of the Constitution to carry out the above object:

"Explanation.-Materials that constitute the grounds or reasons for the advice tendered by the Ministers to the President shall, for the purposes of this article, be deemed to be part of such advice, where such materials are referred to in such advice."

A similar Explanation (with necessary adaptation) should be added to Article 163 of the Constitution, which is an analogous provision relating to the advice tendered by Ministers to the Governor. We recommend that the Constitution be amended on the lines indicated above.

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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