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Report No. 95

1.3. Parliamentary approach.-

This concern of the constitution makers for a proper machinery for the determination of constitutional questions was not overlooked by our Parliament. Very soon after the commencement of the Constitution, Parliament showed its awareness of the importance of constitutional adjudication by amending the two procedural codes to provide that such questions, if they arose in Courts subordinate to the High Court, must be brought before the High Court for determination irrespective of the nature of the litigation in the course of which such a question arises.

Constitution Division within the Supreme Court Back

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