Login : Advocate | Client
Home Post Your Case My Account Law College Law Library

Report No. 95

6.8. Legality of disposal not to be questioned.-

We also consider it necessary that there should be inserted, at the appropriate place, a provision which will, in effect, censure,1 by employing suitable legislative language, that the validity of the disposal by a division of the Supreme Court of a case assigned to it shall not be questioned merely on the ground that-

(a) the case disposed of by the Constitutional Division did not involve a question of constitutional law, or

(b) the case disposed of by the Legal Division involved a question of constitutional law.

Such situations will be very rare, particularly if the procedure suggested by us is adopted.2 Nevertheless, it is proper to have such a provision, in order to avoid possible challenges.

1. This is not a draft of the provision contemplated.

2. Para 6.9, supra.

Constitution Division within the Supreme Court Back

Client Area | Advocate Area | Blogs | About Us | User Agreement | Privacy Policy | Advertise | Media Coverage | Contact Us | Site Map
powered and driven by neosys