Open Access Research Article
THE FUNCTION OF THE FEDERAL COURT IN BRITISH INDIA.
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Article Details
THE
FUNCTION OF THE FEDERAL COURT IN BRITISH INDIA.
AUTHORED BY
- MR. SUBHAJIT DAS,
Student of
5th year B.A. LL. B (HONS), 3RD Semester,
Haldia Law
College, ICARE Complex,
P.O.:
Hatiberia, Haldia, Dist.: Purba Medinipur, West Bengal, PIN: 721657,
CHAPTER- 1
: -INTRODUCTION: -
‘A
Federal Constitution involves a distribution of powers between the centre and
the constitutional units.’
---Report of the Joint Committee on Indian
Constitutional Reform
The Federal
Court of India was set up and inaugurated on October 1, 1937,
and continued to be the supreme authority of the Indian judiciary until 1950,
when the present Supreme Court of India replaced the Federal Court of India. In
this article, we will learn about the history and timelines that have led to
the Supreme Court as we have it today. We will learn about the Government of India Act (1935), which led to the establishment of the Federal Court.[1]
The idea of the establishment of the
Federal Court in India as embodied in the White Paper scheme received the
unanimous support of the Joint Committee on the Indian Constitutional Reforms
and a provision was accordingly made in the Constitution Act of 1935.[2]
For the first time, lawmakers in India established a supreme body and a
court of final appeals. This system of courts has evolved through phases of
history in India:[3]
·
The Regulation Act of 1773 for
the first time established the Supreme
Court of Judicature at Calcutta (1774). This was established as a
Court of Record. It was given authority to determine civil and criminal cases
in Odisha, Bihar and Bengal provinces.
·
This was followed by the establishment of the Supreme
Courts of Madras (1800) and Bombay (1823) by King George III.
·
In 1861, the Indian
High Courts Act (1861) established high courts for all provinces. This
abolished the Supreme Courts of Calcutta, Madras and Bombay.
·
These high courts ran the judiciary in different
provinces, but a need was felt to have an ultimate court of appeals. This was when
the resolution was passed to establish the Federal Court of India.
·
The Federal Court of India was established under the
Government of India Act (1935).
·
The jurisdiction of the Federal Court of India
expanded from solving disputes between provinces and the federal state to
hearing appeals from the High Courts of all provinces.
·
Apart from the Government of India Act (1935), the
Federal Courts were also empowered by the Federal Court Act (1937). This
Act empowered the Federal Court to make rules and regulations to regulate the
courts in India.
·
The Federal Court continued to be the final court of
appeals in India till 1950.
·
When India attained independence in 1947, the Constitution of India (1949) was
drafted and enacted in 1950. This also replaced the Federal Court with the
present Supreme Court of India. The first sitting of the Supreme Court of India
was held on January 28, 1950.
·
Sir Hari Singh Gour was the first lawmaker to propose
the need for a Court of final appeal in India. He suggested replacing the Privy
Council with this court of appeal. He moved resolutions in this regard to the
Central Legislative Assembly during the 1920s. In the 1931-32 session of the
Central Legislative Assembly, this resolution was approved and passed for the
establishment of a Federal Court for India. In November 1934, the Joint Select
Committee of Parliament recommended the establishment of the Federal Court of
India. The Supreme Court of India, as we have it today, has its traces in the
Federal Court of India. It was for the first time that a supreme body and a
court of final appeals were established by lawmakers in India.
1.1 NECESSITY FOR
FEDERAL COURT IN INDIA: -
Due to an increasing
tendency in Indian public opinion in favour of ending appeals to the Privy
Council from Indian high courts and the British Empire's evolving federal
structure in India, a need for a federal court in India was recognised.
The Government of India
Act of 1935 altered the Indian government's structure from
"unitary" to federal. The distribution of powers between the Centre
and the Provinces required a delicate balance to prevent conflicts between the
component entities and the Federation.[4]
The Federalist system
necessitated establishing a Federal Court with jurisdiction over both the
States and the Provinces. Unfortunately, the Federal Court only existed for
12 years. It was India's highest court. Privy Council was in charge of it.
However, approaching the Privy Council forced the litigants to incur
significant costs. As a result, the Federal Court had to be established.[5]
1.2 ESTABLISHMENT OF
FEDERAL COURTS: -
A Federal Court was
established in India under Section 200 of the Government of India Act, 1935.
The Federal Court of Delhi was established on October 1, 1937. Sir
Maurice Gwyer was the Federal Court's first Chief Justice. It was a
Recorded Court. It convened in Delhi and at such other locations as the Chief
Justice of India may proclaim from time to time, with the consent of the
Governor-General of India.
1.3 APPOINTMENT OF
JUDGES IN FEDERAL COURTS: -
His Majesty was to
nominate judges and the Chief Justice. They were to serve until they were 65
years old. On the suggestion of the Privy Council's judicial committee, His
Majesty was entitled to remove any Judge from office for misbehaviour or mental
or physical infirmity.[6]
1. The federal court was to be made up
of the chief justice and the monarch chooses no more than six puisne justices.
2. The king has the power to raise the
number of judges.
1.4 QUALIFICATION CRITERIA FOR JUDGES:
-
Qualifications required
for a judge are-
1. A high court judge with 15
years of experience, or
2. A barrister or advocate with 10
years of experience, or
3. A high court pleader with 10
years of experience.
4. When it came to the chief justice's
appointment, it was stipulated that a person must have 15 years of
experience as a lawyer, advocate, or pleader in a high court or have been one
when initially appointed as a judge.[7]
CHAPTER-2
2.1 THE GOVERNMENT OF INDIA
ACT (1935): -
Part IX, Chapter 1 of the Government of India Act (1935) made provisions for the Federal Court of India. Section 200-218
of Part IX made a detailed description of the Federal Court of India as:
·
Section 200 established the Federal Court of India. It
also spoke about the composition of this court. The Federal Court came to have
a Chief Justice of the Court with the aid of six judges. The number of judges
could be increased by the Chief Justice if deemed necessary after obtaining
approval from the Governor-General of India.
·
The judges of the court shall be appointed by the
Chief Justice by warrant under the Royal Sign. These judges could hold office
till attaining the age of 65 years unless resigned or removed from office for
appropriate reasons.
·
To be appointed as a judge, the following
qualifications were required:
1. He/she
should have been a High Court judge in any province or of the federal state, or
2. He/she was
a barrister in England or Northern Ireland for 10 years or had been a member of
the Faculty of Advocates in Scotland for 10 years, or
3. He/she has
been a leader in any High Court of India.[8]
2.2 FUNCTION OF THE FEDERAL COURT AND JURISDICTION OF
THE FEDERAL COURT: -
1. ORIGINAL JURISDICTION: -
The Dominion's original jurisdiction
was limited to conflicts between Dominion Units or the Dominion and any of the
units. Thus, before the Federal Court, private people had no right to sue any
Dominion. The Original Jurisdiction was however circumscribed by the provisions
content in section 204.
The Court was not authorized to
enforce its own decisions directly but with the aid of Civil and Judicial
authorities throughout the Federation. It was not to pronounce any judgment and
its original jurisdiction. Governor-General-in-Council v. Province of
Madras[9] and
Ramgarh state v. Province of Bihar.[10]
2. APPELLATE JURISDICTION: -
The Federal Court has appellate power in
constitutional matters under the Act of 1935. In both civil and criminal
cases, it possessed appellate authority. On the same basis and with the same
power, India's Supreme Court was established.
i.
In
constitutional cases: Section 205 of the Government of
India Act 1935 provided that the Federal Court would hear an appeal from
any judgement, decree, or final order of a High Court if the High Court
certified that the case involved a substantial question of law concerning the
interpretation of the Act of 1935 or any other Act and law. Thus, every appeal
required the certificate as a prerequisite.
ii.
In civil matters, since 1948, civil appeals that the Privy Council
had previously handled have been heard by the Federal Court of India, which is
governed by the Federal Court Act of 1947. Section 3 of
the Act of 1947 stated that civil matters might be appealed to the
federal court beginning February 1, 1948, with or without special leave
of the federal court.
iii.
In criminal matters, the federal
court legislation of 1947 expanded the federal court's authority in
India, and the procedure of appeals from India to the privy council was
abolished entirely in 1949. The Federal Court of India, as such, used
the same grounds as the Privy Council in exercising appeal jurisdiction in
criminal cases (after 1948).
2.3 FORMS OF JUDGEMENT: -
Section 209 of the Act of 1935
stated that the Federal Court of India had no mechanism of its own to carry out
the judgments. Therefore, it was returning the matter to the individual high
courts with its decision for its order to take the place of the high courts.[11]
3.1 THE FEDERAL COURT:
AN ASSESSMENT: -
The Federal Court of
India was established in October 1937 and was superseded by the Supreme
Court in 1950. following this short period of a little more than twelve
years, it left a permanent mark on the legal history of India. It was not only
the first Constitutional Court but also the first all-India Court of extensive
jurisdiction.
The Court was liberally
conceived by the British Authorities as an indispensable adjunct to the
Federation envisaged by the Government of India Act of 1935. During the
transitional period in Indian history, when there was no written Constitution,
in a sense it was the product of a constitutional curiosity. It functioned
successfully and effectively in the absence of essential federal agencies such
as the Federal Executive and Federal Legislature.
The Federation itself was
incomplete. Never the Federation of as many as eleven Indian Provinces into an
organic whole was by no means negligible, and the situation enhances the
importance of the role which the court played in somewhat difficult and
depressing circumstances. Despite its limitations and short life, it made a
noteworthy contribution to the functioning of an all-India court such as the
Supreme Court.
During the period 1937-50,
two English Chief Justices and six Indian Justices sat on the Federal Bench. Sir
Shah Sulaiman, Dr. M.R. Jayakar, S. Varadachariai, Sir Mohammad Zafrullah Khan,
Sir Harilal J. Kania and Sir Fazal Ali were the six Indians who got the
rare distinction of being Judges of the Federal Court of India.
They maintained the noble
traditions of the great Judges of Britain. They contributed a great -deal to
the establishment of a sound federal judiciary in India. The Federal Court
built up great traditions of independence, impartiality and integrity which
were inherited by its successor, the Supreme Court of India.[12]
CHAPTER-4
4.1 CONCLUSION: -
The Government of India Act which came into action in 1935 is the
ultimate fulfilment of all three round table conferences. Ultimately the
British Parliament agreed to also Indian political leaders in the
administrative functions of their nation. This was a hard-earned result for the
countrymen who were unhappy with the framework of the previous legislature. The
diarchy system could ultimately be ruled out. India stepped closer to becoming
one of the successful republican countries.[13]
Federal Court
worked for a short period of 12 years. But it left a permanent work and
mark on the legal history of India. We any say that it was the First
Constitutional Court. It was also the First All-India Court of extensive
Jurisdiction.
From 1937
to 1950,
two English and 6 Indian Justices performed their services. All of them got the
rare distinction of being the Federal Court of India. They maintained noble
traditions also.
They contributed
a great deal to the establishment of a sound federal judiciary in India. They
also built-up great traditions of independence, impartiality and integrity
which were inherited by its successor the Supreme Court of India.[14]
[1] Federal Court of India by Ms. Sushree Surekha Choudhury available at: Federal Court of India - iPleaders (Last
visited on 27.10.2023 at 11.40 am)
[2] The Federal Court in India BY RAI
SAHIB B. R. BEOTRA available
at: https://www.aironline.in/legal-articles/The+Federal+Court+in+India
(Last visited on 02.11.2023 at 10.40 am)
[3] ibid
[4] Supra Note 2
[6] ibid
[7] Supra Note 3
[8] Supra Note 1
[9] 1943 FCR I
[10] 1948 FCR 79
[11] Supra Note 5
[12] V.D.Kulshreshtra’s Landmarks in
Indian Legal and Constitutional History by B.M.Gandhi, EASTERNBOOK COMPANY,
2004, 7th Edition , p.g-198
[13] Supra Note 5
[14] ibid
Article Information
THE FUNCTION OF THE FEDERAL COURT IN BRITISH INDIA.
Authors: MR. SUBHAJIT DAS
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/02/29
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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