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Report No. 58

Gist of replies

5.12. A very large majority of the replies to question 5 are opposed to an amendment of the Constitution on the lines suggested in the query. This includes a very large majority of the High Courts and High Court Judges that have sent replies. They do agree that stay should not be granted except in exceptional cases. But they are not all in favour of any constitutional amendment in this regard. Some of them state that the necessary provision can be made in the rules, but most do not go even so far. A very small minorityl favour an amendment, as suggested in the query.



Structure and Jurisdiction of the Higher Judiciary Back




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