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Report No. 58

The need for review

2.9. Moreover, in India, the organisation of the Courts has not just evolved, as has happened in some other countries. The judicial hierarchy has been deliberately created by statute, and the whole organisation of the courts is based on a rational plan. In order that the machinery of justice so created may concentrate upon its legitimate task, and meet speedily and efficiently the constantly varying demands made upon it, it is desirable, as we have already stated1, that the machinery should be subjected to periodical review. Social and economic conditions undergo changes and pose new problems, and the judicial system should, therefore, be re-examined from time to time in order to ensure that it adapts itself to perform, in an efficient manner, the functions entrusted to it by the Constitution and the laws. In this process, some of the assumptions with which we have been familiar, might require re-examination.

1. Para. 22, supra.



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