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Report No. 58

Appellate jurisdiction of the Supreme Court

2.15. We shall now briefly refer to the principal questions dealt with in this Report.1 With reference to the appellate jurisdiction of the Supreme Court, it appeared to us that it might be convenient to deal with its jurisdiction in criminal appeals under Article 134, since we have already recommended an amendment of the corresponding Article relating to civil appellate jurisdictions, and our recommendation has been accepted2 by the Government and has already become law. The basic approach which we have emphasised is that the docket of the Supreme Court should not be burdened with questions of fact or minor questions of law, and its main role as far as appellate jurisdiction is concerned, is that of dealing with such substantial questions of law of general importance as need to be decided by the Supreme Court.

1. For the questionnaire, see Chapter 1, supra.

2. 45th Report of the Law Commission.

3. Constitution (30th Amendment) Act.



Structure and Jurisdiction of the Higher Judiciary Back




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