Jump to ContentJump to Main Navigation
CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTSAn Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability$
Users without a subscription are not able to see the full content.

A. G. Noorani

Print publication date: 2006

Print ISBN-13: 9780195678291

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780195678291.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see http://www.oxfordscholarship.com/page/privacy-policy).date: 20 May 2018

Papers of Previous Regimes 1

Papers of Previous Regimes 1

Chapter:
(p.259) 35 Papers of Previous Regimes1
Source:
CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS
Author(s):

A.G. Noorani

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195678291.003.0101

This chapter attempts to understand if a minister can call for and examine the papers of the previous governments. In India, there have been judicial censures on tamperings with official documents. From a legal standpoint, official records are property of the Union or the State, and thus can be used only for the purposes of the Union or the State for clear 'public purpose' and not for partisan ends. Hence, no government has a right to dig up old records and publish them for their own interests. In Britain, there is a convention, which has also received judicial recognition, that, the ministers of one government are not entitled to examine the Cabinet documents of their predecessors. However, this is not the case in India. The Supreme Court ruled in 1969 that a successor of a ministry can consider any glaring charges and may order on inquiry or else corrupt conduct of ministers will remain beyond scrutiny. This obviously cannot be done without going into the records of its predecessors. The minister, however, is not free to call for just any file; there must be clear public purpose behind the demand for a file.

Keywords:   ministers, civil servants, official documents, India, Cabinet documents, Public purpose

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .