THEORY OF VESTED INTEREST: FALLACY OF PUBLIC INTEREST APPLICABILITY OF STATE PRIVILEGE IN CONTEMPORARY EVIDENCE LAW

Authors

  • Rohan Agarwal 2nd Year BBA LLB student, Jindal Global Law School, Sonepat Author

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Abstract

“Information is the currency of democracy”, broached Thomas Jefferson, trusted with the task of structuring the Government form, unknown, untold, and untested. Democracy was to break  the  ages  old  shackles  of  justification  of  arbitrary  crown  control  on  the  maxim  that Crown   always   operated   in   the   interest   of   the   subjects.   Constitutional   provision   of Transparency in the Government of People’s Will was the direct American response to the historical abuse of authority by the British Crown. However, sparked off from The Trial of Aaron Burr, the right to withhold certain information from the public, finally crystallized in United  States  V  Reynold’s, where  Courts  formally  recognized  that  withholding  certain information  and  selective  transparency  in  specific  cases  is  in  the  public  interest,  which  is paramount. This paper aims to critique the Doctrine of State Privilege by way of comparison with the original intent of the drafters, its need in the colonial era and present day conflict, post enforcement of the constitution of America and India.



Published

07-06-2018

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How to Cite

Rohan Agarwal. “THEORY OF VESTED INTEREST: FALLACY OF PUBLIC INTEREST APPLICABILITY OF STATE PRIVILEGE IN CONTEMPORARY EVIDENCE LAW”. Journal of Legal Studies & Research, vol. 4, no. 3, June 2018, pp. 437-49, https://journal.thelawbrigade.com/jlsr/article/view/2167.