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Report No. 99

This recommendation is intended to apply-

(a) to the Supreme Court, and

(b) to the High Courts in relation to first appeals capital cases and other complex cases coming before the High Courts.

(4) In regard to cases involving constitutional questions, the practice of filing briefs containing written factual material should be encouraged, where factual material forms the background of the case. What have come to be known in the United States as "Brandeis Briefs" are very useful in constitutional adjudication. Such briefs should contain facts relevant for constitutional adjudication (in addition to the affidavits filed on behalf of the parties), and should include extracts from published reports of committees and commissions, wherever appropriate. This practice can be adopted in the Supreme Court, as also in the High Courts.4

(5) In constitutional cases, wherever possible, an agreed statement of facts should be filed, so as to reduce the time taken at the hearing. This practice can be adopted in the Supreme Court, as well as in the High Courts.5

(6) To the extent possible, in the Supreme Court a day may be set apart for holding conferences between Judges, as in the United States. The same practice can be held in High Courts in regard to cases heard by Full Benches.6

(7) In the Supreme Court, at the stage of admission of a case or appeal, (including those in which constitutional matters are raised), the Court may dispense with oral hearing unless it considers such a hearing to be necessary in special cases in the interests of justice. This will require the substitution of a suitable machinery (say, an Admissions Committee or Committees) to decide whether the matter should be admitted or rejected with or without oral arguments7.

K.K. Mathew Chairman.

J.P. Chaturvedi Member.

Dr. M.B. Rao Member.

P.M. Bakshi Part-time Member.

Vepa P. Sarathi Part-time Member.

A.K. Srinivasamurthy Member-Secretary.

Dated: 26th April, 1984.

1. Para. 2.11, supra.

2. Para. 2.12, supra.

3. Para. 3.14, supra.

4. Para 3.15, supra.

5. Para. 3.18, supra.

6. Para. 3.19, supra.

7. Para. 4.6, supra.

Oral and Written Arguments in the Higher Courts Back

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