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Report No. 95

2.2. Replies favour in creation of constitutional division of the Supreme Court.-

As already state1 the idea of having a constitutional division within the Supreme Court has found favour with several persons and bodies that have responded to the questionnaire or with persons who have (though not in the form of a formal communication to the Law Commission) expressed their views in the matter. They favour the creation of a "constitutional division" a constitutional "wing" or "branch". These include-

(a) one retired Supreme Court Judge;2

(b) two sitting Chief Justices of High Courts;3

(c) two sitting High Court Judges;4

(d) one retired High Court Judge;5

(e) Law Department of one State;6

(f) one M.L.A.;7

(g) a distinguished economist;8

(h) one academic lawyer9

(he would confine the jurisdiction of the Supreme Court to constitutional matters and public interest litigation, with a permanent bench for each);

(i) one lawyers' association10 (it suggests the formation of a regular constitution Bench comprising the five seniormost judges, including the Chief Justice);

(j) one Secretary of a Chamber of Commerce and Industry11 (he suggests a Constitution Bench of not less than seven judges);

(k) a few Advocates;12

(1) one subordinate judicial officer;13

(m) some other persons.14

1. Para. 2.1, supra.

2. Law Commission Collection, pp. 1/2 and 1/3 (The Hindu, 8th February, 1982).

3. Law Commission Collection, pp. 1/88 and 1/143.

4. Law Commission Collection, pp. 1/153 & 1/154 (One of them suggests a constitutional bench of seven Judges).

5. Law Commission Collection, p. 1/4 (The Hindu, 8th February, 1982).

6. Law Commission Collection, p. 1/102.

7. Law Commission Collection, p. 1/93.

8. Law Commission Collection, p. 1/10..

9. Law Commission Collection, p. 1/137.

10. Law Commission Collection, p. 1/139.

11. Law Commission Collection, p. 1/152.

12. Law Commission Collection, pp. 1/6 to 1/8, 1/98 to 1/100, 1/121 and 1/132.

13. Law Commission Collection, p. 1/153.

14. Law Commission Collection, pp. 1/9, 1/11, and 1/90.

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