Central And State Government Privileges

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Central and State Government Privileges

Section 123 of the Indian Evidence Act

Evidence as to affairs of State:  No one shall be permitted to give any evidence derived from unpublished official records relating to any affairs of State, except with the permission of the officer at the head of the department concerned, who shall give or withhold such permission as he thinks fit.

Section 123 is basically founded on the maxim salus populi est suprema lex, which means that regard for public welfare is the highest law. This section lays down that no person shall be permitted to give any evidence derived from unpublished public records relating to affairs of state. Such an unpublished record can be had of from the official head of the department concerned, who may also withhold the permission in case of necessity. The section also prohibits the disclosure of any evidence derived from unpublished official records.

Under the section unpublished official records of the state are protected from being disclosed. Only exception laid down is that such unpublished document may be disclosed with express permission of the head of the department. “The court is also bound to accept without question the decision of the public officer.”

Section 123 has to be read with Section 162 to ascertain whether any claim is made by the state in respect of any document and whether the document belongs to the privilege class. The second question is whether the disclosure of the document would cause injury to the public interest and fall within the discretion of the head of the department concerned. It was considered by The Supreme Court in S.P. Gupta v President of India1 and held that if the disclosure of the contents of the document was injurious to public interest and that the document belonged to the state which should not be disclosed to secure proper functioning of the Public Service.

Unpublished official records

According to the section unpublished official records are not permitted to be disclosed except with the permission of the head of the department concerned. Naturally, no question in this regard can be raised in the court of law. But, whether a document falls within unpublished official records may be decided in accordance with Section 162 of the Evidence Act. When Section 123 is read with Section 162 “the effect is that the final decision whether the permission should be granted or not should be with the court. About the power of the court to inspect the document, there is residual power of the court to decide whether its disclosure would be injurious to public interest.

In order to claim immunity from disclosure thereof the document must be unpublished state documents and must relate to affairs of the state and the disclosure thereof must be against interest of the state or public interest. Under section 162, the rest documents can be inspected by the court to examine the privilege claimed that the disclosures would injure the public interest. After inspection, the court is free to disclose either whole or in parts, provided that will not to give a distorted or misleading impression of the document.

An objection against the disclosure of a public document was raised on the ground that it would be against the interest of the state or public service and it is such class of documents which being public interest ought not to be disclosed. In S.P. Gupta v President of India, overruling its earlier decision the Supreme Court Observed that the injury to public interest which is likely to result from their disclosure would be far less than the injury which would arise from suppression of such information. Public interest, the very foundation for protection against disclosure under section 123 and which was protected by the Supreme Court. State of Punjab v Sodhi Sukhde Singh case has acquired new dimension in S.P. Gupta case. For the purpose of non-disclosure of documents relating to the affairs of the state, the immunity claimed by the State under section 123 is not absolute. According to Their Lordships’ view “it is not the Rule of Law to be applied mechanically in all cases. In case of necessity the court can compel the production of such documents for fair administration of Justice because the public interest immunity are not applicable in India.” It is court to decide what kinds of documents can be handled only by person bound by oath of secrecy. Whether any document relates to the affairs of the state has to be determined in each case on the basis of the relevant facts and circumstances adduced before the court. Because, public welfare is the highest law. The Supreme Court seems to be in favour of revitalization of the privilege when it considers whether the ministerial advice falls within the justiciable area. “Since the court would be precluded from calling their disclosure but the ARTICLE 74(2) of the Constitution is no bar to the ministerial advice was based.

Official Secrets Act

The Official Secret Act 1923 is India’s anti-espionage act held over from the British colonial period. It states clearly that actions which involve helping an enemy state against India are strongly condemned. It also states that one cannot approach, inspect, or even pass over a prohibited government site or area. According to this Act, helping the enemy state can be in the form of communicating a sketch, plan, model of an official secret, or of official codes or passwords, to the enemy.

Punishments under the Act range from three to fourteen years imprisonment. A person prosecuted under this Act can be charged with the crime even if the action was unintentional and not intended to endanger the security of the state. The Act only empowers persons in positions of authority to handle official secrets, and others who handle it in prohibited areas or outside them are liable for punishment.

Journalists have to help members of the police forces above the rank of the sub-Inspector and members of the military with investigation regarding an offense, up to and including revealing his sources of information.  Under the Act, search warrants may be issued at any time if the magistrate determines that based on the evidence there is enough danger to the security of the state.

Criticism

In June 2002, journalist Iftikhar Gilani was, arrested for violating the OSA 1923. He was charged under the OSA, with a case under the Obscenity Act added to it. The first military report suggested that the information he was accused of holding was “secret” despite being publicly available. The second military intelligence report contradicted this, stating that there was no “official secret”. Even after this, the government denied the opinion of the military and was on the verge of challenging it when the contradictions were exposed in the press.  The military reported that, “the information contained in the document is easily available” and “the documents carries no security classified information and the information seems to have been gathered from open sources”.

On 13 January 2004, the government withdrew its case against him to prevent having two of its ministries having to give contradictory opinions. Gilani was released the same month.


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Central and State Government Privileges

Government privileges are the rights and immunities enjoyed by members of government while they are engaged in government business. These privileges are designed to protect the independence of government and to ensure that members can freely carry out their duties without fear of reprisal.

There are a number of different Types of government privileges, including parliamentary privileges, executive privileges, judicial privileges, legislative privileges, financial privileges, procedural privileges, and other privileges.

Parliamentary privileges are the rights and immunities enjoyed by members of Parliament while they are engaged in parliamentary business. These privileges are designed to protect the independence of Parliament and to ensure that members can freely debate and vote on legislation without fear of reprisal.

Executive privileges are the rights and immunities enjoyed by the President and other members of the executive branch. These privileges are designed to protect the confidentiality of executive deliberations and to ensure that the President can carry out his or her duties without interference from the legislative or judicial branches.

Judicial privileges are the rights and immunities enjoyed by judges and other members of the judiciary. These privileges are designed to protect the independence of the judiciary and to ensure that judges can make decisions without fear of reprisal.

Legislative privileges are the rights and immunities enjoyed by members of state legislatures. These privileges are similar to parliamentary privileges, but they are not as extensive.

Financial privileges are the rights and immunities enjoyed by members of government when it comes to their finances. These privileges are designed to protect members from being harassed or intimidated because of their financial dealings.

Procedural privileges are the rights and immunities enjoyed by members of government when it comes to the procedures of government. These privileges are designed to ensure that members can participate in government without fear of reprisal.

Other privileges are the rights and immunities enjoyed by members of government that are not covered by the other categories. These privileges may include the right to travel, the right to security, and the Right to Privacy.

Government privileges are important because they help to ensure that government can function effectively. Without these privileges, members of government would be constantly under threat of harassment and intimidation, which would make it difficult for them to carry out their duties.

However, it is important to note that government privileges are not absolute. They can be waived or limited by law, and they can be challenged in court. In addition, government privileges must be balanced against the rights of other individuals and groups. For example, the right to free speech may sometimes conflict with the right to privacy. In these cases, the courts must decide which right should prevail.

Overall, government privileges are an important part of the System of Government. They help to protect the independence of government and to ensure that members of government can carry out their duties without fear of reprisal. However, it is important to note that government privileges are not absolute, and they must be balanced against the rights of other individuals and groups.

Here are some frequently asked questions and short answers about the following topics:

A central government is the government of a country, while a state government is the government of a state or province within a country. Central governments typically have more power than state governments, but the specific division of power varies from country to country.

The responsibilities of a central government typically include:

The responsibilities of a state government typically include:

The benefits of a central government include:

The drawbacks of a central government include:

The benefits of a state government include:

The drawbacks of a state government include:

The relationship between a central government and a state government is typically defined by the country’s constitution. In some countries, the central government has a great deal of power over the state governments, while in other countries, the state governments have more autonomy. The specific division of power between the central government and the state governments can vary depending on the country’s history, culture, and political system.

  1. Which of the following is not a privilege of the Central Government?
    (A) The power to make laws for the whole or any part of the territory of India.
    (B) The power to levy taxes on income, property, and other sources.
    (C) The power to borrow money on the credit of the Union.
    (D) The power to declare war and conclude peace.

  2. Which of the following is not a privilege of the State Government?
    (A) The power to make laws for the whole or any part of the State.
    (B) The power to levy taxes on income, property, and other sources.
    (C) The power to borrow money on the credit of the State.
    (D) The power to maintain law and order within the State.

  3. Which of the following is not a fundamental right?
    (A) The right to Equality.
    (B) The right to freedom.
    (C) The right against exploitation.
    (D) The right to freedom of religion.

  4. Which of the following is not a directive principle of State policy?
    (A) The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.
    (B) The State shall, in particular, strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different parts of the country.
    (C) The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.
    (D) The State shall promote with special care the educational and economic interests of the weaker sections of the people, and in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.

  5. Which of the following is not a constitutional right?
    (A) The right to vote.
    (B) The right to hold office.
    (C) The right to freedom of speech and expression.
    (D) The Right to Property.

  6. Which of the following is not a fundamental duty?
    (A) To abide by the Constitution and respect its ideals and institutions.
    (B) To defend the country and render national service when called upon to do so.
    (C) To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of Women; and to value and preserve the rich heritage of our composite culture.
    (D) To protect and improve the natural Environment including forests, lakes, rivers and wildlife and to have compassion for living creatures.

  7. Which of the following is not a provision of the Indian Penal Code?
    (A) Whoever voluntarily causes hurt to any person, or causes hurt by means of any instrument for the purpose of causing death, or with the intention of causing such hurt as is likely to cause death, or with the knowledge that he is likely by such hurt to cause death, is said to commit an offence of voluntarily causing hurt.
    (B) Whoever intentionally puts any person in fear of death or of hurt, or of accusation of an offence, or of injury to his reputation, or of the loss of property, or of any other harm to him or to any one in whom he is interested, and thereby causes alarm to that person, or causes that person to do any act which he is not legally bound to do, or omits to do any act which he is legally entitled to do, is said to commit an offence of criminal intimidation.
    (C) Whoever, with the intention of causing death, or of causing such bodily injury as is likely to cause death, or with the intention of causing grievous hurt, voluntarily causes to any person such bodily injury as is sufficient in the ordinary course of nature to cause death, is said to commit murder.
    (D) Whoever, with the intention of causing death, or of causing such bodily injury as is likely to cause death, or with the intention of causing grievous hurt, voluntarily causes to any person such bodily injury as is sufficient in the ordinary course of nature to cause death, but which does not cause death, is said to commit culpable homicide not amounting to murder.

  8. Which of the following is not a provision of the Indian Evidence Act?
    (A) The burden of proving a fact lies on the person who would be liable in an action for the consequences of not proving it, if such fact were not proved.
    (B) The burden of proving that any fact is not proved lies on the person who relies on that fact.
    (C) The

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