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Report No. 45

33. Jurisdiction under Article 136 to be preserved.-

It is needless to add that the jurisdiction of the Supreme Court under Article 136 of the Constitution to entertain an appeal by special leave-a jurisdiction which is admittedly not subject to any rigid limitation pertaining to courts, proceedings or questions-is not intended to be affected by our recommendation or by the preceding discussion.

Before making our recommendation as above, we had an opportunity of consulting the Hon'ble the Chief Justice of India, and we may state that the Hon'ble the Chief Justice personally approves of the change proposed by us. We are grateful to the Hon'ble the Chief Justice for giving us the benefit of his views.

The Hon'ble the Chief Justice has further suggested that the Law Commission may consider whether an amendment on somewhat similar lines should not be proposed in Article 134 and the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, repealed. However, this question may have to be dealt with separately.

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