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Report No. 95

3.11. No logical reason for present state of affairs.-

But there is no logical reason why this state of affairs should continue. Many Commonwealth Constitutions, particularly in the "new commonwealth," now entrench fundamental rights. Even earlier, questions of constitutional law, mostly arising from the division of powers between the federation and the Units, have been familiar topics of litigation in many commonwealth countries. In India also, the Federal Court created under the Government of India Act, 1935, was preeminently concerned with constitutional issues. In course of time, no doubt, its jurisdiction came to be expanded because of political necessities, but it never lost its role as a constitutional tribunal in the federal sphere. The need for specialisation in regard to Constitutional adjudication is the greater now, in view of the different and intricate questions that arise out of the provisions that elaborately entrench several fundamental rights.

Constitution Division within the Supreme Court Back

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