Case Note & Summary
The Supreme Court of India addressed a writ petition concerning the constitutionality of the Code of Civil Procedure (Amendment) Act, 1999 and the Code of Civil Procedure (Amendment) Act, 2002. Initially, the petitioner sought to declare these amendments unconstitutional; however, this challenge was resolved and no longer persisted. The court highlighted the significance of Judicial Impact Assessment, which was not included in the original writ petition. The court referred to previous orders regarding this assessment and noted that it necessitated statistical data, which should be gathered in a suitable proceeding. Consequently, the court disposed of the writ petition while leaving the issue of Judicial Impact Assessment open for future consideration. The report of the Justice M. Jagannadha Rao Committee was also acknowledged by the court.
Headnote
A) Constitutional Law - Unconstitutionality of Amendments - Challenge to Code of Civil Procedure (Amendment) Act, 1999 and 2002 - Code of Civil Procedure (Amendment) Act, 1999, 2002 - The challenge to the amendments was sorted out and did not survive as of the date of judgment. The court noted that the issue of Judicial Impact Assessment was not part of the original writ petition and required statistical data, which should be undertaken in an appropriate proceeding. Held that the writ petition stands disposed of while keeping the Judicial Impact Assessment issue open (Paras Not mentioned).
Issue of Consideration
Whether the provisions of the Code of Civil Procedure (Amendment) Act, 1999 and 2002 are unconstitutional and the need for Judicial Impact Assessment.
Final Decision
The Supreme Court disposed of the writ petition, noting that the challenge to the amendments was resolved and keeping the issue of Judicial Impact Assessment open for future proceedings.
Law Points
- Constitutionality of amendments
- Judicial Impact Assessment
- Statistical data requirement
