Report No. 45

26. Questions already decided by the Supreme Court but requiring re-consideration.-

Thirdly, there may be points already decided by the Supreme Court which may, nevertheless, appear to the High Court to require further consideration. Not unoften, a Bench of High Court Judges dealing with a question of law on which there has already been a pronouncement by the Supreme Court, comes to take the view that the matter is capable of further consideration the hands of the Supreme Court and that the grant of a certificate of fitness would further the cause of justice.

In some of the cases which may fall under this category, the High Court may take the view that there are decisions of the Supreme Court which contain observations that are not quite consistent with each other, and such a case would be obviously fit for a certificate. Similarly, where a judgment of the Supreme Court contains observations that are ambiguous, and the High Court thinks the ambiguity should be removed by clarification, a certificate may appropriately be granted.