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Report No. 95

69. The third issue: composition of the Constitutional Division.-

The third issue that arises concerns the composition of the proposed Constitutional Division. Our recommendations in this regard are as under:-

(a) The Constitutional Division should consist of not less than seven Judges, subject to what is stated in (b) below.

(b) In matters requiring more than seven Judges or similar situations, the Chief Justice of the Supreme Court should have the power to assign temporarily Judges to this division from the other division. If there is a temporary increase in the work of the other division, the Chief Justice should have a power to assign temporarily a Judge from the Constitutional Division to the other Division.

(c) The Judges belonging to and functioning in, the Constitutional Division should sit en banc for hearing all cases assigned to that Division.

Constitution Division within the Supreme Court Back

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