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Federal Court of India

From Wikipedia, the free encyclopedia
Former court in British India (1937–1950)

TheFederal Court of India was a judicial body, established inIndia in 1937 under the provisions of theGovernment of India Act 1935, with original, appellate and advisory jurisdiction. It functioned until theSupreme Court of India was established in 1950. Although the seat of the Federal Court was atDelhi, however, a separateFederal Court of Pakistan was established in Pakistan atKarachi after thePartition of India. There was a right of appeal to theJudicial Committee of the Privy Council inLondon 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.[1]

History

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The Federal Court came into being on 1 October 1937. The seat of the court was theChamber of Princes in the Parliament building in Delhi. It began with a Chief Justice and twopuisne judges. The first Chief Justice was SirMaurice Gwyer and the other two judges were SirShah Muhammad Sulaiman andM. R. Jayakar. It functioned until the establishment of theSupreme Court of India on 28 January 1950, two days after India was declared a republic.

NumberNamePeriod of officeLength of term (days)BarAppointed by
1SirMaurice Gwyer1 October 193725 April 19432,032Inner TempleThe Marquess of Linlithgow
ActingSirSrinivas Varadachariar25 April 19437 June 194343
2SirPatrick Spens7 June 194314 August 19471,529Inner Temple
3SirH. J. Kania14 August 1947#26 January 1950896Bombay High CourtThe Viscount Mountbatten of Burma
  • – Date of resignation
  • # – On 14 August 1947 Federal Court partitioned into the federal courts of India and Pakistan

See also

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Notes

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  1. ^Kumar, Raj, ed. (2003).Essays on Legal Systems in India. New Delhi: Discovery Publishing House. pp. 108–111.ISBN 81-7141-701-9.

Further reading

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External links

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Chief justices of British dependencies
Overseas territories
Crown Dependencies
Former (Africa)
Former (Americas)
Former (Asia)
Former (Australasia)
Former (Europe)
Former (Oceania)
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