cover image: Constituent Assembly Debates. Official Report  Wednesday  8th June  1949

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Constituent Assembly Debates. Official Report Wednesday 8th June 1949

1949

Ambedkar I find that the first part of the amendment is to the effect that the High Court if it feels that a question Of law is involved as to the interpretation of the Constitution the High Court May dispose of the case itself. [...] This article is silent on the point as to whether the reference to the High Court as regards a case involving substantial questions of law as to the interpretation of the Constitution should be made by the subordinate court itself or by the parties concerned If the parties make the reference and invite the attention of the High Court there is no difficulty. [...] But if we intend that the subordinate court itself when it entertains a case of this nature involving a substantial question of law must invite the attention of the High Court and send the case to the High Court for a decision then we rang make the article clearer and we should say that it shall be the duty of the subordinate court to refer to the High Court a case pending before it. [...] The provision is that as soon as it is known to the High Court that a Question of the interpretation of the Constitution is raised it must withdraw the case to itself and decide the question of such interpretation. [...] If there was a case of this sort which was a mixed case containing an issue relating to the interpretation of the Consttution and other issues relating to the interpretation of the ordinary law while it may be right for the High Court to possess the power to decide and prnounce upon the question relating to the interpretation of law why should the High Court be required to withdraw the who
government politics public policy
Pages
45
Published in
India
SARF Document ID
sarf.100003
Segment Pages Author Actions
Frontmatter
i-703 unknown view
Draft Constitution
703-745 unknown view