Federal Court of India
Encyclopedia
The Federal Court of India was a judicial body, established in India
in 1937 under the provisions of the Government of India Act 1935
, with original, appellate and advisory jurisdiction. It functioned until 1950, when the Supreme Court of India
was established. The seat of the Federal Court was at Delhi
. There was a right of appeal to the Judicial Committee of the Privy Council
in London
from the Federal Court of India.
The Federal Court had exclusive original jurisdiction in any dispute between the Central Government and the Provinces. Initially, it was empowered to hear appeals from the High Courts of the provinces in the cases which involved the interpretation of any Section of the Government of India Act, 1935. From 5 January, 1948 it was also empowered to hear appeals in those cases, which did not involve any interpretation of the Government of India Act, 1935.
in the Parliament building in Delhi. It began with a Chief Justice and two puisne judges. The first Chief Justice was Sir Maurice Gwyer
and the other two judges were Sir Shah Muhammad Sulaiman
and M R Jayakar. It functioned until the establishment of the Supreme Court of India
on 28 January 1950.
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
in 1937 under the provisions of the Government of India Act 1935
Government of India Act 1935
The Government of India Act 1935 was originally passed in August 1935 , and is said to have been the longest Act of Parliament ever enacted by that time. Because of its length, the Act was retroactively split by the Government of India Act 1935 into two separate Acts:# The Government of India...
, with original, appellate and advisory jurisdiction. It functioned until 1950, when the Supreme Court of India
Supreme Court of India
The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India...
was established. The seat of the Federal Court was at Delhi
Delhi
Delhi , officially National Capital Territory of Delhi , is the largest metropolis by area and the second-largest by population in India, next to Mumbai. It is the eighth largest metropolis in the world by population with 16,753,265 inhabitants in the Territory at the 2011 Census...
. There was a right of appeal to the Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
from the Federal Court of India.
The Federal Court had exclusive original jurisdiction in any dispute between the Central Government and the Provinces. Initially, it was empowered to hear appeals from the High Courts of the provinces in the cases which involved the interpretation of any Section of the Government of India Act, 1935. From 5 January, 1948 it was also empowered to hear appeals in those cases, which did not involve any interpretation of the Government of India Act, 1935.
History
The Federal Court came into being on 1 October, 1937. The seat of the court was the Chamber of PrincesChamber of Princes
The Chamber of Princes was an institution established in 1920 by a royal proclamation of the King-Emperor to provide a forum in which the rulers of the Indian princely states could voice their needs and aspirations to the government of British India...
in the Parliament building in Delhi. It began with a Chief Justice and two puisne judges. The first Chief Justice was Sir Maurice Gwyer
Maurice Gwyer
Sir Maurice Linford Gwyer, GCIE, KCB was Vice Chancellor of Delhi University , and Chief Justice of India . Sir Maurice was educated at Highgate School..He is credited with having founded Miranda House in the year 1948 in Delhi,India.Gwyer, Sir Maurice Linford , lawyer and civil servant, was born...
and the other two judges were Sir Shah Muhammad Sulaiman
Shah Muhammad Sulaiman
Sir Shah Muhammad Sulaiman was the Chief Justice of the Allahabad High Court from March 16, 1932 to 30 September 1937 and was the first Indian and one of the youngest ever to hold this coveted position...
and M R Jayakar. It functioned until the establishment of the Supreme Court of India
Supreme Court of India
The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India...
on 28 January 1950.
List of Chief Justices
| # | Name | Took office | Left office |
|---|---|---|---|
| 1 | Maurice Gwyer Maurice Gwyer Sir Maurice Linford Gwyer, GCIE, KCB was Vice Chancellor of Delhi University , and Chief Justice of India . Sir Maurice was educated at Highgate School..He is credited with having founded Miranda House in the year 1948 in Delhi,India.Gwyer, Sir Maurice Linford , lawyer and civil servant, was born... |
1 October, 1937 | 25 April, 1943 |
| acting | Srinivasa Vardachariar | 25 April, 1943 | 7 June, 1943 |
| 2 | Patrick Spens, 1st Baron Spens Patrick Spens, 1st Baron Spens William Patrick Spens, 1st Baron Spens KBE, PC, KC , was a British lawyer, judge and Conservative politician. He served as Chief Justice of India from 1943 to 1947.... |
7 June, 1943 | 14 August, 1947 |
| 3 | Harilal Jekisundas Kania H. J. Kania Sir Harilal Jekisundas Kania was the first Chief Justice of India. He held office from 14 August 1947 to 5 February 1951. Prior to holding the office at the Supreme Court of India, he was the Chief Justice of the Federal Court, the predecessor of the Supreme Court.-Personal life:* Conferred... |
14 August, 1947 | 27 January, 1950 |
Further reading
- Pylee, M.V. (1996). The Federal Court Of India, New Delhi: Vikas Publishing House, ISBN 978-8125902232