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Report No. 58

Question of proper role of the Supreme Court

2.17. There is another aspect relevant exclusively to the Supreme Court, which requires consideration1. The basic question that has presented itself is this-what ought to be the proper role of the Supreme Court? Should its role be conceived as primarily one of upholding the Constitution and interpreting the supreme law of the country, thereby constituting it, in the proper sense, the "Supreme" Court of the country? Or, should that Court be required also to deal with ordinary judicial business, the determination of questions of ordinary civil and criminal liability, questions concerned with the fortunes of individuals and the fate of particular criminals? As we will point out later2, two views are possible on this issue. But, for the purpose of making the present Report, we have not thought it necessary to record a formal or final decision in that behalf.

1. See para. 8 of the Prefatory note to the Questionnaire (quoted in Chapter 1).

2. See Chapter 3, infra.

Structure and Jurisdiction of the Higher Judiciary Back

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