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Act, 1935, are hereby repealed.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*,