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Report No. 92

3.6. Legislative competence.-

To revert to the recommendation that we are making1 we have devoted some thought to the question whether the legislation that we have proposed would fall within the legislative competence of Parliament. On an examination of the matter, we are satisfied that it would so fall.2 The proposal can be viewed as dealing with the "procedure" for claims for "actionable wrongs". The topics of "civil procedure" (Concurrent list, entry 13) and "actionable wrongs" (Concurrent list, entry 8) are both matters falling within the Concurrent List.

In the alternative, the recommendation could be viewed as relating to the "administration of justice"-a matter now included in the Concurrent list (Concurrent list, entry 11A). If the regarded as too general a source, the proposal can be viewed as dealing with "jurisdiction and powers of all courts except the Supreme Court with respect to any of the matters in the Concurrent List" (Concurrent list, entry 46). One or more than one of the entries referred to above, taken singly or taken in combination, must cover the proposed legislation. We do not think that it should be necessary to go to the residuary entry.

1. Paras. 3.2 to 3.4, supra.

2. Constitution of India, Seventh Schedule, Concurrent List, entries 8, 11A, 13 and 46.

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