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Report No. 95

4.2. Proposal in two Parts: Constitutional aspect of the first Part.-

The proposal for a Constitutional Division of the Supreme Court, really consists of two parts. In the first place, it contemplates the creation of a permanent division dealing exclusively with constitutional questions, and another permanent division dealing with non-constitutional matters. Secondly, judges appointed to the Supreme Court would, from the very beginning, be appointed to a particular division. The first part of the proposal may be said primarily to regulate the "constitution and organisation of the Supreme Court", a subject falling within Union List entry 77 and can be implemented by ordinary legislation enacted under that entry.1

Legislation creating a Constitutional Division within the Supreme Court would, prima facie, be supplementing Article 124(1) of the Constitution, dealing with the establishment and constitution of the Supreme Court, but would not conflict with any of its express provisions. Again, Article 145(3) of the Constitution (minimum number of Judges for deciding constitutional questions to be fixed) can still continue to be compiled with, under the new scheme.

1. For the text of entry 77, see para. 4.1, supra.

Constitution Division within the Supreme Court Back

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