REGISTERED No. D-28
The Gazette of India
EXTRAORDINARY
PUBLISHED BY AUTHORITY
NEW DELHI, WEDNESDAY, SEPTEMBER 28, 1949
GOVERNMENT OF INDIA
MINISTRY OF LAW
New Delhi, the 28th September, 1949
The following Act of the Constituent Assembly has been authenticated by the President of the Constituent Assembly by his signature on the 24th Sep- tember, 1949, and is hereby published for general information —
CONSTITUENT ASSEMBLY ACT NO. V OF 1949
An Art to abolish the jurisdiction of His Majesty in 'Council in respect of
Indian appeals and petitions,
WHEREAS it is expedient to abolish the jurisdiction of His Majesty in Council in respect of Indian appeals and petitions, and to confer a corresponding jurisdiction on the Federal Court of India;
It is hereby enacted as follows:—.
1. (1) This Act may be called the Abolition of Privy
Council Jurisdiction Act, 1949.
Short title and com- mencement.
(2) It shall come into force on the tenth day of October, 1949, which day is hereinafter referred to as " t he appointed day".
Abolition of Privy Coun- cil Jurisdic- tion.
2. (1) As from the appointed day, the jurisdiction of His Majesty in Council to entertain, and save as herein- after provided to dispose of, appeals and petitions from, or in respect of, any judgment, decree or order of any court or tribunal (other than the Federal Court) within the territory of India, including appeals and petitions in respect of criminal matters, whether such jurisdiction is exercisable by virtue of His Majesty's prerogative or otherwise, shall cease.
(2) The appeals and petitions aforesaid are hereinafter referred to as "Indian appeals" and "Indian petitions", respectively.
Repeal.
3. (1) Sections 20b and 218 of the Government of India
26 Geo. 5, c. 2.
Act, 1935, are hereby repealed.
(2) Any legal proceedings pending by virtue of the said section 208 immediately before the appointed day, whether before His Majesty in Council or the Federal Court, shall by virtue of this Act abate on the appointed day.
( 1859 )
1860 T1IF, GAZETTE OP INDIA, EXTBAOEDINARY, SEP. %&, 19494. Nothing oonLaiiii-d m section 2 thall affect ihj pnisdiction of His Majesty in Counc'l to d spjse of—
Cofttinuftnoe of Privy Council jurisdiction in oerfftin pending OW6"
(a) any Indian appeal or petition on wh:ch the Judicial Committee of the Privy Council has before the appointed day delivered judgment or, as th? oa.se may be, reported to llis Majesty, but which lias not been determined by an Order in Council of His Majesty; or
(I)) any Tndiuu appeal or petition on which the Judicial Commltteo has, after hearing the parties, rosened judgment or order; or
(c) any Jndian appeiil which has baen entered befon the appointed clay in the li'-t of business of the Judicial Committee for the MichneJmas sittings of the year 1949 and which after that day is not directed to bo removed therefrom by or under the nuthoritj of the Judicial Committee; or
(d) any Indian petition which ha& been lodged befoie the appointed dtrs in the Registry of the Priv\ Council.
20 Qe i 5r 0.2- I Of 101S Conferment of correspon- ding juris- diotion on "Federal Court
3- (1) As from the appointed day, (he Federal Com I fchnll, iu addition to the jurisdiction conferred on it by the Uo\ eminent of India Act, 1935, and tha Federal Court (Fijj'argemonf (if Jurisdiction) Act, 1947, but subject to t he provisions ot this section, have the same jurisdiction to entertain and dispose of Indian appeals mid petitions a-. IDs Majesty in Council has, whether by virtue of His Majesty's prorog itive or otherwise immediatelv before ^hc appointed May.
(2) Notwithstand:ny anything contained in sub-s.'ctoi (1) of this section, the Federal Court shall have no jurisdic- tion in respect of any such appeal or pelition as is leferied to in section 4:
Provided that "where, upon au^ such petition as afore- :-aid, special leave to appeal to His Majesty in Council is granted after the appointed day, all further steps to be (akon in the appeal shall be taken in, and the appeal shnl] ba disposed of by, the Federal Court as if the special lenvf to appeal had been granted on a petition made to that Court.
(3) If any question arises whether <\u appeal or petitiot.
is au appeal or petition of the nature referred to it clause (aj, (I)), (c) or (d) of section 4, a certificate of the "Registrar o£ the Privy Council shall be conclusive evidence on the question.
Transfer, of pending uppeftls to the IVileral Court
6. All proceedings in respect of any Indian nppetily pending before His Majesty in Council immodiatoly b^foi'e the appointed day, except those referred to in section 4, shall by virtue of this Act stand transferred to the Federal Court, and shall be disposed of by it in thj exero SJ of the- jurisdiction conferred on it by this Act.
THF GAZKTTIi OF fM)IA, EXTHAOKDINAEY, 8KP 28 194!) 1861Contianftnoe
of ocrtaaln
proceeding
in High
Courts.
26 GOP. fi,
f, 2.
7. All proceedings and steps taken in, und ordeis rand' and certificates grouted by, a High Court in connection with nn Indian appeal or petition shall, except in the cane of any such appeal or petition as is referred to in scct'on 4, be deemed to he in eonneet:on with an appeal or p:tition to the Federal Court from, or in respect of, the same judgment, decree Or order under the provisions of this Aei, and shall he concluded or ns the cane UI,I\ lit', time effect accordingly
Effect of
order* of
His Majesty
in Counoll.
8. Any order of Hie Majesty in Council made on nn Indian appeal or petition, whether before, on or after tho appointed day, shall for all pm-poses have effect, not only as nn order of His Majesty m Council, but also as if it were an order or decree made by the Federal Court in the exercise of the jurisdiction conferred by this Act.
3% Geo. 6, 9. (1) In .section 20,'j of the Government of India -\el, 0.2.
1935 (hereinafter referred to as the said Act), for sub section (2) the following sub-section shall he substituted, namely: —
Amendment* of th" Gov- ernment of India Aot, 103B.
"(2) Where such certificate is given, any [inrh in a ease may appeal to the Federal Court on the ground that any question as aforesaid has boon •wrongly decided and, with ihe leave of the Federal Court, on nny other ground.'1
(2) Tn section 209 oT the said Act, for sub-sections (1) and (2) the following sub-section sh ill be substituted, namely: —
Aot V ol 1909.
(]) The Federal Court in the exercise of its nppellate jurisdiction may pnss such decree or make such order as if necessary for doing complete justice in any oausn or matter pending before it, including an order for the payment of costs, and any decree so passed or order so made ahull bo enforceable throughout the territory oi India in the manner provided in that behalf in the Code of Civil Procedure, 1908, fir in such other manner as may bo prescribed by or under a law of the Dominion Legislature, or subject to the provis'ons of any such law, in the manner prescribed by rules mnd'S by the Federal Court."
(8) In clause (a) of sub-section (S) of section 210 of the "aid Act, for the word, brackets and figure "sub-section (2)", tho word, brackets and figure "subjection (1)" nhall be substituted.
(4) In section 214 of ihe said Act, after sub-section (1) the following sub-section shall be inseited, namely.—
Aot Vof 1*08.
"(1A) Subject to the provisions of the Code of Civil Procedure, 1908, or any law made by the Domi- nion Legislature, tho Federal Court may also from time 1o time, with the approval of the Governor-General, make rules of court for regulating the manner in which any decree passod or order made by it in tbc exem'-o of its appellate jurisdiction may he enforced."
. 1862 THE GAZETTE Otf INDIA,' E^flSWftKINAllA, SEP. 28, 19-19Act 5 "f mos.
Modification of exl ting law*.
10. Tlio provisions of the Code of Civil Procedure, 1908, mid ol' any other law iu force on the appointed Jay ielating to Indian appeaJs and petitions shall us from that duy have; effect, eioept in relation to the appeals and petitions referred to in section 4, as it in the stuYl provisions, for all references to His Majesty in Council, ^heru had botn subaftilled references to the Federal Court.
K V. K. SUNDABAM, Secy.
ruHI.JHHKll By Tim MANAORa OF1 PUBf-lCAl'IONa, DlLHI, INOIA, rr.]-NTnn BY I ' HI MANWFU, COVERNMSNT OF INBTA PBEHIH, NEW DuLiir, fviu*,