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Report No. 136

2.4. Appellate Jurisdiction in constitutional matters and other matters.-

The scheme of appellate jurisdiction of the higher judiciary, as envisaged in the Constitution, reveals how anxious the Constitution-makers have been to ensure that within the country or within a State there shall be uniformity of interpretation, as far as possible. For example, the right of appeal to the Supreme Court in every matter which involves an interpretation of the Constitution, shows that the makers of the Constitution desired that such questions must be ultimately decided by the higher court in the land.

Coming to questions of ordinary civil law, the provision in Article 133 of the Constitution, which gives a right of an appeal if there is involved a substantial question of law which needs to be decided by the Supreme Court, is an indication of the basic premise that if there has been a controversy on a question of law and the controversy needs to be decided by the Supreme Court, then that Court must have jurisdiction to hear and decide the matter. It is thus evident that the Constitution accords prime consideration to the need for uniformity.

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