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.