Report No. 58
Amendment will only codify existing interpretation
3.23. We may also point out that our recommendation does not really constitute a new or radical change. Even at present, the usual practice followed by the High Courts is to grant a certificate under Article 134(1)(c) only in cases where questions of law of general importance are involved. This is clear from many pronouncements of the Supreme Court. Though clause (1)(c) of Article 134 does not expressly say so, it has been judicially interpreted by the Supreme Court as confined to such cases. The proposed amendment will, thus, give legislative recognition to the judicial interpretation of the existing clause. In support of this statement, we shall refer to some decisions of the Supreme Court by way of illustration.1
1. Para. 3.26, infra.