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Report No. 58

Socio-economic history of local legislation

9.11. There is yet another consideration which is very much against the concept of Zonal Court. In many States, High Courts are called upon to consider questions of interpreting provisions of different pieces of State legislation, and it is well-known that when socio-economic legislation is passed by any State, it has a history of its own. The context in which the legislation has been passed, the mischief which it is intended to cure and remedy, the conditions which are laid down in different provisions of the Act by reference to the genesis of the Act, the previous legislation, if any, in respect of the matter and prior judicial decisions in respect of the provisions thereof are all relevant factors, and it is difficult to visualise that the two additional Judges, who would constitute the Zonal Court alongwith one Judge of the High Court of the State, would be able to appreciate these relevant factors as well and as quickly as the Judges of the said High Court would themselves be able to do.

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