Report No. 45
32. Difficulty of formulating a test.-
It is not easy to formulate in precise language a test which, while excluding the questions to be excluded from the purview of the Supreme Court, will include all questions to be included in its purview in conformity with what we have stated above.1 And yet, some formulation was to be attempted. After careful consideration, we have come to the conclusion that two requirements should be stressed, namely, that (i) the question involved in the proposed appeal must be a substantial question of law of general importance, and (ii) the question must be one which needs to be decided by the Supreme Court. The requirement that the question must be one which needs to be decided by the Supreme Court will render it necessary for the High Courts to approach the matter after paying due regard to the considerations which we have outlined above.1
1. Paras. 22 to 29, supra.
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