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Report No. 95

2.5. Object of the inquiry.-

We should like to record at this stage that the principal object of the inquiry into the possible need for creating a constitutional division is not to suggest measures for reducing arrears. Of course, we do anticipate that the creation of a constitutional division would, to some extent, help in reducing arrears in the Supreme Court. However, the idea of a separate division in the Supreme Court has not been put forth with that end in view. The idea is, in essence, a response to the realisation1 that constitutional adjudications possess certain special features, which the judicial process must reflect in its structure and approach. As regards constitutional amendment, while we are anxious that it should not be recommended as a matter of course, such an amendment seems unavoidable if the proposal for creating a constitutional division is to be implemented.2

1. Chapter 3, infra.

2. See Chapter 4, infra.

Constitution Division within the Supreme Court Back

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