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Report No. 136

Chapter III

Present Machinery, if Adequate

3.1. Present machinery: appeal to Supreme Court.-

As regards the machinery at present existing for the purpose of settling a conflict of views, it primarily consists of access to the Supreme Court or legislative intervention. Access to the Supreme Court by way of appeal is, in the very nature of things, sporadic and depends on the accidents of litigation. A litigant may or may not appeal to the Supreme Court on a question of law. Even if he has appealed on a question of law, the appeal may be withdrawn by him for his own reasons, or the matter may be compromised or other wise disposed of, without a decision.

Again, even if the matter comes to be heard and decided on the merits before the Supreme Court, the particular question of law might not be gone into by the Supreme Court. Other grounds would have supplied the material for the final decision. Thus, clarification by the Supreme Court-which would be a very good step-is not actually achieved in every case, because the process is not designed systematically for the purpose.



Conflicts in High Court Decisions on Central Laws - How to Foreclose and how to Resolve Back




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