After the Government of India Act 1935, a Federal Court of India was established , which was later absorbed by Supreme Court of India after independence. The appeal from this Federal Court of India could be taken to ____?
There was a right of appeal to the Judicial Committee of the Privy Council in London from the Federal Court of India. The Judicial Committee of Privy Council acted as an appellate body since 1726 with the establishment of Mayor’s Court in India. It first started working via the system of committees and sub-committees. This system was not perfect and created problems. Via the Judicial Committee Act, 1833, the Privy council was reformed and then it came into formal existence. Privy Council was thus created on 14th Aug. 1833 by the Act of the Parliament. Via this act, the Privy Council was empowered to hear appeals from the courts in British Colonies. Under the Indian High Courts Act, 1861 the high Courts were established at three Provinces. It was the amalgamation of King’s Courts and Company’s Courts. This Act provided for the right to appeal from High Courts to Privy Council from all of its judgments except in Criminal matters. In addition to this, there was a provision of Special leave to Appeal in certain cases to be so certified by the High Courts.
The Government of India Act, 1935 provided for the establishment of Federal Court in India. The Federal Court was given exclusive original jurisdiction to decide disputes between the Center and constituent Units. The provision was made for filing of appeals from High Courts to the Federal Court and from Federal Court to the Privy Council. The Federal Court also had jurisdiction to grant Special Leave to Appeal and for such appeals a certificate of the High Court was essential. India retained the right of appeal from the Federal Court of India to the Privy Council after the establishment of the Dominion of India. Then, the Federal Court Enlargement of Jurisdiction Act, 1948 was passed. This Act enlarged the appellate jurisdiction of Federal Court and also abolished the old system of filing direct appeals from the High Court to the Privy Council. Finally in 1949, the Abolition of Privy Council Jurisdiction Act was passed by the Indian Government. This Act accordingly abolished the jurisdiction of Privy Council to entertain new appeals and petitions as well as to dispose of any pending appeals and petitions. It also provided for transfer of all cases filed before Privy Council to the Federal Court in India. All powers of the Privy Council regarding appeals from the High Court were conferred to the Federal Court. Thereafter with the commencement of the Constitution of India in 1950, the Supreme Court has been established and is serving as the Apex Court for all purposes in India. It hears appeals from all the High Courts and Subordinate Courts. With this the appellate jurisdiction of the Privy Council finally came to an end.
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