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Report No. 58

First alternative-National Appellate Court-difficulty in creation of

7.19. Besides, unless suitable constitutional changes are made and the National Appellate Court is given the status of the Supreme Court, jurisdiction of the High Courts under Article 226 and of the Supreme Court under Article 136 cannot be excluded. In other words, against the decisions of the National Appellate Court, writ petitions will lie to the High Courts under Article 226 and applications for special leave to the Supreme Court would be competent under Article 136; and the problem of delay in the decision of the National Appellate Court may arise, and, in the process, the burden on the dockets of the High Courts and the Supreme Court may not be appreciably reduced. That, however, should be treated as an incidental observation made by us.

Structure and Jurisdiction of the Higher Judiciary Back

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