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Report No. 136

3.2. Legislative intervention.-

Legislative intervention designed to clarify the law which might have become obscure by a conflict of decisions, is also not a very systematic process. The point of conflict may not be brought to the notice of the Legislature at all. Even if it is brought to the notice of the legislature, the legislature may not have the time or the inclination to look into it, because of what are regarded as more pressing demands.

Sometimes, even after the Legislature has looked into the matter and a legislative proposal has been introduced on the subject, the proposal may not culminate in actual legislation, because the proposal may not be passed or the Bill, as passed by the House finally, may not contain the needed clarification. No doubt, the functioning of a body like the Law Commission brings to the notice of the Legislature the difficulty caused by conflict of decisions on a particular point. But the question of legislative time, inclination and other matters mentioned above, still remains.

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

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