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Report No. 136

Chapter V

Conclusions & Recommendations

5.1. Conclusion.-

The Commission is of the considered opinion that the anomaly and incongruity arising on account of the identical provisions of the identical Central laws being construed as having one meaning in some parts of India and the same having different meaning in other parts of India, by reason of the conflict of views of the different High Courts, needs to be straightened out for the sake of achieving uniformity in the interpretation and application of Central laws throughout India, and for the sake of ensuring equality before law in this area, two steps deserve to be taken:-

(1) Removal of existing conflicts by legislative measures calculated to clarify the law by appropriate amendments in a phased manner, and

(2) To devise a mechanism to ensure that no such conflicts come into existence or remain unresolved in future so as to obviate the need for legislative amendments in future.

To this end we make two recommendations:



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




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