LEGAL PRINCIPLE: CONSTITUTIONAL LAW – Interpretation of Constitution – Reference to Court of Appeal – Question Must Necessarily Be Decided in the Proceedings

A constitutional question arises only where it must necessarily be decided in the proceeding. The power to refer applies only to questions that must be decided—not those that may prove unnecessary. The High Court cannot refer hypothetical, contingent, or academic questions. If the case can be resolved without determining the constitutional issue, reference is improper. The principle prevents advisory opinions and delays. The court must first determine whether the constitutional issue is essential to the disposition. If other grounds dispose of the matter, reference is unnecessary. The referring court must identify the necessity. The Court of Appeal may decline to answer if the question was not necessary.