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Report No. 58

Recent amendment of Article 133

3.45. The main point to be considered in regard to this Article is if the Article should be suitably amended so as to exclude from its purview, ordinary civil and criminal appeals. In this connection, attention is invited to the recent amendment1 of Article 133 (It is proposed that Article 134 should similarly be amended2). The suggestion was that so far as civil and criminal appeals are concerned, it is only those appeals which satisfy the requirements of Article 133 (as amended) and Article 134 (as proposed to be amended)3 that should reach the Supreme Court, and no other.

Figures of appeals pending in the Supreme Court

1. Constitution (30th Amendment) Act, 1973.

2. See discussion as to Question 1.

3. See discussion as to Question 1.

3.46. It may be relevant, in this connection, to note the number of appeals by special leave (in the Supreme Court). At the close of the last three years, the figures of appeals in the Supreme Court under Articles 132, 133 and 136 were as follows1:-

1. Statement No. S-5

1969 1970 1971
(a) Number of Appeals at the opening of the year 4,209 4,875 5,430
(b) Number of appeals instituted58 during the year 2,712 2,313 2,175
(c) Number of appeals disposed of during the year 2,046 1,752 1,437
(d) Number of appeals pending at the end of the year 4,875 5,456 6,074

Note:- These figures are under Articles 132, 133 and 136 of the Constitution. Separate figures under each Article are not available.

3.47. It was apprehended that a desire to circumvent Articles 133 and 134 might result in an appreciable increase in the number of applications for leave to appeal under Article 136.

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