Report No. 95
Amendment of the Constitution
4.1. Constitutional Division-Need for Constitutional amendment.-
We should mention at this stage that if ultimately, the proposal for the creation of a Constitutional Division within the Supreme Court is favoured, it may need amendment of the Constitution in certain respects. It will be convenient to set out very briefly the constitutional position in this regard. Under Article 246(1) of the Constitution, Parliament has exclusive power to make laws with respect to the matters enumerated in the Union List. Entry 77 of the Union List reads as under:-
"77. Constitution, organisation, jurisdiction and powers of the Supreme Court (including contempt of such Court), and the fees taken therein, persons entitled to practice before the Supreme Court."