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22. Mahajan J., on the general jurisdiction and power of Courts in para 50 of the report observed:-

"The three lists of subjects contained in Schedule 7 have not been drawn up with any scientific precision and the various items in them overlap. The point kept in view in drawing up the lists was to see that all possible power of legislation was included within their ambit. By making administration of justice a provincial subject and by conferring on the Provincial Legislature power to legislate on this subject and also on the subject of constitution and organisation of Court, Parliament conferred on that Legislature an effective power which included within its ambit the law making power on the subjects of jurisdiction of Courts. The Provincial Legislature could, therefore, bring into existence a Court with general jurisdiction to administer justice on all matters coming before it within certain territorial and pecuniary limits, subject of course to the condition that such general,jurisdiction may be expressly or impliedly taken away by the provisions of other laws. The Parliament having divided the field of legislation between the two Legislatures, naturally thought that as a corollary or a necessary consequence of this division of legislative power it was necessary to provide by way of a complementary provision a legislative power specifically on the two Legislatures in respect to the jurisdiction and powers of Courts on subjects which were within their exclusive legislative field. If a Legislature could exclusively legislate in respect to particular subjects, as a necessary consequence it should also have the power to legislate in respect to jurisdiction and power of the Court dealing with that subject. It is this power that has been conferred by Entries 53, 2 and 15 above mentioned on the two Legislatures. Entries 42 and 99 of List I, Entries 37 and 42 of List II and Entries 25 and 36 of List III are of a similar consequential character. The respective Legislatures are, therefore, competent to confer special powers on Courts and can create special jurisdictions acting under those powers in respect to their divided fields of legislation. Instances of conferment of powers and jurisdiction on Courts to hear cases on particular subjects were well known to Parliament. Such powers had been conferred on different Courts in respect of testamentary and intestate jurisdiction, admiralty jurisdiction, under the Indian Companies Act, under the Succession Act, Guardians and Wards Act and under the various Rent Acts and Acts dealing with relief of indebtedness. In view of the division of powers in respect to different subjects, power was given under item 53 of List I, item 2 of List II and item 15 of List III to the different Legislatures when dealing with those subjects also to legislate question of jurisdiction and powers of the Courts. This conferment of legislative power to create special jurisdiction in respect to particular subjects does not in any way curtail the legislative power conferred on the Provincial Legislature under item 1 of List II. As soon as special legislative power under item 53 of List I, under item I of List II and item 15 of List III is exercised, the cause that arise in respect to those subjects would then only be heard in jurisdictions created by those statutes and not in the Courts of general jurisdiction entrusted with the normal administration of justice. In the language of Section 9, Civil P.C., jurisdiction of the general Courts will then become barred by those statutes.