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Report No. 58

Rational and sound guideline desirable

3.11. The grounds on which a certificate can be granted "Under Article 134(1)(c) are not stated in the Article. Judicial decisions have laid down broad guidelines,1 but, in the interest of uniformity and certainty, it is desirable that the test should be indicated in the Constitution. Our primary concern, therefore, in dealing with this aspect of the problem has been to devise a rational and sound formula, which would be objective and would furnish clear guidelines to the High Courts in considering applications for certificate under Article 134(1)(c).

1. See para. 3.24, infra, for the present guidelines.

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