A bench consisting of Justice Katju & Lodha made a very important reference to a Consitution bench for determining the scope of Art 136, and to lay down broad principles as to what calegories of SLP's may be entertained. Remarking that from a Court deciding important questions of law and laying down the law of the land, The Supreme Court has become a regular Court of appeal and error corrector; The Supreme Court expressed dissatisfaction in the present system of entertaining SLP's. It layed heavy reliance upon Mr.KK Venugopal's R.K.Jain Memorial Lecture and his recommendations. Adding to his opinion the SC opined that six types of cases must only be entertained by the Apex Court.
(i) All matters involving substantial questions of law relating to the interpretation of the Constitution of India;
(ii) All matters of national or public importance;
(iii) Validity of laws, Central and State;
(iv) After Kesavananda Bharati, (1973) 4 SCC 217, the judicial review of Constitutional Amendments; and
(v) To settle differences of opinion of important issues of law between High Courts.
(v) where the Court is satisfied that there has been a grave miscarriage of justice and
(vi) where a fundamental right of a person has prima facie been violated.
"This matter is of very great importance, hope the bench is constituted and the matter is heard soon"
