Judgments

UNITED STATES VS NIXON : CASE SUMMARY

The Supreme Court held in United States Vs Nixon (1974) that executive privileges of the President is limited and the Supreme Court is empowered to review the limits of executive privileges.

FACTS OF THE CASE

There was break in into the Democratic National Committee headquarters at Watergate Complex in Washington D.C. in June 1972 by five men. Investigation disclosed that it was a case of political espionage targeted at weakening political opponents of President Richard Nixon. Investigation further disclosed that President Richard Nixon had secretly recorded conversations in the oval office, which contained relevant information regarding the scandal also known as Watergate Scandal.

Special Prosecutor made efforts to obtain tapes for obtaining evidence regarding involvement of President Nixon in the scandal. President refused to hand over the tapes and claimed executive privileges from handing over these tapes. The matter finally reached to the Supreme Court.

OPINION OF THE COURT

The issue before the Supreme Court was whether the President has privilege to refuse sub-ponea issued by the Court during criminal investigation.

It was argued by Nixon that Executive Branch has certain independence against other branches.  The President in capacity of head of the executive has right to protect private information. President has executive privilege in matters of national security, foreign affairs and sensitive discussions with advisors. If tapes were made public the same will cause harm to functioning of the executive branch.

It was argued that the Supreme Court does not have any power to review executive privilege of the President. The Judiciary should show deference to judgment of Executive branch in respect of disclosure of sensitive information.

The Supreme Court recognized the existence of executive privileges but was of the view that  such privileges are not absolute. Such privileges have to be balanced against need of justice in criminal proceedings. Such privileges cannot be used to shied wrongdoings.

The Supreme Cout relying on Marbury Vs. Madison (1803) held that the Supreme Court has power to review the limits of executive privileges. The Supreme Court observed that all individuals, including the President, is subject to rule of law.

IMPACT OF THE CASE

After the judgment of the Supreme Court, the tapes were made public and President Richard Nixon has to resign.  The case reinforced the review powers of the Supreme Court. It put limits on executive privileges. It also strengthened the notion that no one is above the law. It also encouraged transparency and accountability in administration.

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Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

Mukesh Kumar Suman

Mukesh Kumar Suman

Mukesh Kumar Suman is an advocate based at Delhi. He has rich experience in civil, criminal, commercial, arbitration and corporate insolvency matters. He regularly appears before District Courts, NCLT, NCLAT, High Court and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

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