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.
(2) It shall come into force on the tenth day of October,
1949, which day is hereinafter
referred
to as "the
appointed day".
Short
title
and
com-
mencement.
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.
Abolition of
Privy Coun-
cil Jurisdic-
tion.
26 Geo. 5,
c. 2.
3. (1) Sections 20b and 218 of the Government of India
Act, 1935, are hereby repealed.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.
Repeal.
(
1859 )
1860
T1IF, GAZETTE OP INDIA, EXTBAOEDINARY, SEP. %&, 1949
Cofttinuftnoe
of
Privy
Council
jurisdiction
in
oerfftin
pending
OW6»
4. Nothing oonLaiiii-d m section 2 thall
affect
ihj
pnisdiction of His Majesty in Counc'l to d spjse of—
(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.
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 <� 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.
20 Qe i 5r
0.2-
I Of 101S
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!)
1861
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
Contianftnoe
of
ocrtaaln
proceeding
in High
Courts.
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.
Effect
of
order*
of
His Majesty
in Counoll.
3% Geo. 6,
0.2.
9. (1) In .section 20,'j of the Government of India -\el,
1935 (hereinafter referred to as the said Act), for sub
section (2) the following sub-section shall he substituted,
namely: —
"(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: —
Amendment*
of th» Gov-
ernment
of
India
Aot,
103B.
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.
Aot
Vof
1*08.
(4) In section 214 of ihe said Act, after sub-section (1)
the following sub-section shall be inseited, namely.—
"(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, 19-19
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.
Act 5 «f
mos.
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*,