THE CHANGING ELEMENT OF PRIVILEGE UNDER SECTION 123 OF THE INDIAN EVIDENCE ACT, 1872

Abstract

It is significant for the working of any Democracy that general public knows about the undertakings of the State. This is combined with a conviction that nothing ought to be kept covered up the extent that matters identifying with open issues are concerned. In the meantime, it is additionally critical for the working of State machinery that specific delicate information is kept circumspect from general public spaces. Such information can be, for instance, exceedingly characteristic for the security of the State that its disclosure may put public interest in jeopardy. This can be established into the saying of 'Salus populi est suprema lex' which implies regard for public welfare is the highest law and hence validating the non-disclosure of certain information for the greater public good. Such privileges can be traced in almost all of the modern legal systems of the world. This research paper highlights the expanding eclipse of privilege accorded to the government in the interest of greater transparency and accountability. It also states the statutory interpretation of the privilege law and its significant improvement in India and furthermore examines the eclipse of privilege law with the Right to Information Act, 2005 as a measure for greater accountability and disclosure.