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Report No. 104

4.3. Need for change.-

There seems no reason why the Act should not be extended to the whole of India except the State of Jammu and Kashmir. We see no constitutional difficulty in doing so. The pith and substance of the Act seems to fall within the subject of "Actionable wrongs", which is specifically included in the Concurrent list in the Constitution.1 Even if the Act is regarded as touching the subject of "administration of Justice", that also is a matter which now falls within the Concurrent List.2 There should, therefore, be no objection to extending the Act to the areas of former Part 'B' States. In such matters, uniformity is desirable and should be sought for, if there is no constitutional difficulty.

1. Constitution, Seventh Schedule, Concurrent List, entry 8.

2. Constitution, Seventh Schedule, Concurrent List, entry 11A.

The Judicial Officers Protection Act, 1850 Back

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