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Report No. 58

Effect of proposed amendment on work-load of Supreme Court

3.20. Before we part with this aspect of the matter, we may incidentally refer to another consideration. In the absence-of proper and definite guidelines, which would assist the High Court in disposing of applications for certificates made under Article 134(1)(c), certificates are on some occasions granted when it is ultimately found that such grant of certificates was really not justified, and the granting of certificates in such cases tends to add to the load on the docket of the Supreme Court. If the formula which we are recommending is accepted, it is not unlikely that this unjustified addition to the work-load on the calendar of the Supreme Court may be reduced, if not altogether eliminated.

When we refer to the work-load on the calendar of the Supreme Court, we are indirectly referring -to the problem of growing arrears which the Supreme Court has to face. Accumulation of large arrears must be regarded as a relevant consideration in revising the structure of the higher judiciary. Our approach is that the significance of this consideration should not be unduly exaggerated. Nor can this consideration be treated as decisive in devising a mechanical formula, which is otherwise not rational, reasonable or fair.

Structure and Jurisdiction of the Higher Judiciary Back

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