Which section of BSA provides that no court shall require any communication between the Ministers and the President of India to be produced before it?
Explanation & Strategy
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Section 165 BSA codifies executive privilege for President-Minister communications. This privilege is essential for the functioning of cabinet government — Ministers must be able to advise the President candidly without fear of their communications being compelled in court proceedings. This corresponds to Section 123 of the old Evidence Act and reflects the Westminster convention of cabinet confidentiality adapted for the Indian constitutional framework.
The text reads: Section 165 BSA: No court shall compel production of communications between the Ministers and the President of India.
BSA S.165 retains the executive privilege from Evidence Act S.123 for President-Minister communications.