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