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]
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.
Number | Name | Period of office | Length of term (days) | Bar | Appointed by | |
---|---|---|---|---|---|---|
1 | SirMaurice Gwyer | 1 October 1937 | 25 April 1943‡ | 2,032 | Inner Temple | The Marquess of Linlithgow |
Acting | SirSrinivas Varadachariar | 25 April 1943 | 7 June 1943 | 43 | ||
2 | SirPatrick Spens | 7 June 1943 | 14 August 1947 | 1,529 | Inner Temple | |
3 | SirH. J. Kania | 14 August 1947# | 26 January 1950 | 896 | Bombay High Court | The Viscount Mountbatten of Burma |