Federal Court of India

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The Federal Court of India was a judicial body, established in India in 1937 under the provisions of the Government of India Act 1935 , with original, appellate and advisory jurisdiction. It functioned until the Supreme Court of India was established in 1950. Although the seat of the Federal Court was at Delhi, however, a separate Federal Court of Pakistan was established in Pakistan in Karachi after the Partition of India. There was a right of appeal to the Judicial Committee of the Privy Council in London from the Federal Court of India.

Contents

The Federal Court had exclusive original jurisdiction in any dispute between the Central Government and the Provinces. Initially, it was empowered to hear appeals from the High Courts of the provinces in the cases which involved the interpretation of any Section of the Government of India Act, 1935. From 5 January 1948 it was also empowered to hear appeals in those cases, which did not involve any interpretation of the Government of India Act, 1935. [1]

History

The Federal Court came into being on 1 October 1937. The seat of the court was the Chamber of Princes in the Parliament building in Delhi. It began with a Chief Justice and two puisne judges. The first Chief Justice was Sir Maurice Gwyer and the other two judges were Sir Shah Muhammad Sulaiman and M. R. Jayakar. It functioned until the establishment of the Supreme Court of India on 28 January 1950, two days after India was declared a republic.

NumberNamePeriod of officeLength of term (days)BarAppointed by
1Sir Maurice Gwyer 1 October 193725 April 19432,032 Inner Temple The Marquess of Linlithgow
ActingSir Srinivas Varadachariar 25 April 19437 June 194343
2Sir Patrick Spens 7 June 194314 August 19471,529 Inner Temple
3Sir H. J. Kania 14 August 1947#26 January 1950896 Bombay High Court The Viscount Mountbatten of Burma

See also

Notes

  1. Kumar, Raj, ed. (2003). Essays on Legal Systems in India. New Delhi: Discovery Publishing House. pp. 108–11. ISBN   81-7141-701-9.

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