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Report No. 88

10.30. Obscurity of position.-

No doubt, some of the obiter dicta in the judgment in U.S. v. Nixon (observations relating to national security etc.) create the impression that the Court would go back upon its liberal approach earlier shown in U.S. v. Reynolds. However, that itself is a matter of some controversy. Perhaps because of the obscurity of the position arising from the paucity of case law, one eminent writer on American constitutional law1 has stressed the need for laying down some definite rules.

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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