Report No. 104
5.7. Effect of proposed re-draft.-
It would appear that the proposed re-draft of this part1 of section 1, dealing with persons entitled to the protection in question would meet the ends of justice. On the one hand, it would cover all those whose function is to give a "definitive judgment".2 At the same time, the proposed re-draft will not be unduly wide, as authorities not entitled to give a definitive judgment would be excluded. Incidentally we find3 that in the context of the law of contempt, the matter has been discussed academically in England, and it has been pointed out that two rival tests could be thought of, namely, (i) the source of authority "test", and (ii) the "function" test. The test which we are proposing is principally based on the functions vested in the authority concerned.
1. See para. 5.2, supra.
2. Cf sections 19-20, Indian Penal Code.
3. Lowe & Rowlings Tribunals and the Laws Protecting Administration of Justice, (Autumn 1982) Public Law 418, 438, 439.