Report No. 95

1.4. The underlying assumption.-

Underlying this concern shown by the Constitutional makers, and by our Parliament with reference to constitutional controversies, is the implicit o assumption that the forum and machinery for adjudicating on such controversies merits special attention. As every student of legislation comes to realise sooner or later and as every judicial functionary who has had anything to do with the interpretation of statutes or constitutional provisions feels in his very flesh and bone.- such assumptions are never spelt out in so many words. They are not elaborated in lengthy sentences. They, in fact, do not need to be elaborated. These unspoken postulates are as vibrant as the spoken word.