Privy Council

The Judicial Committee of the Privy Council in London acted as an appellate body for British colonies, including India, for over a century. The committee, which was first established in 1726 with the establishment of Mayor’s Court in India, had a complex system of committees and sub-committees, which created problems and led to the need for reform. Via the Judicial Committee Act of 1833, the Privy Council was reformed and formally established as an appellate court.

The Privy Council’s Role in India

Under the Indian High Courts Act of 1861, high courts were established at three provinces in India, which were an amalgamation of King’s Courts and Company’s Courts. This act allowed for the right to appeal from high courts to the Privy Council from all of its judgments, except in criminal matters. There was also a provision of special leave to appeal in certain cases, which could be certified by the high courts.

The Government of India Act of 1935

The Government of India Act of 1935 provided for the establishment of the Federal Court in India. The Federal Court had exclusive original jurisdiction to decide disputes between the center and constituent units, and the provision was made for filing appeals from high courts to the Federal Court and from the Federal Court to the Privy Council. The Federal Court also had jurisdiction to grant special leave to appeal, and a certificate of the high court was required for such appeals.

The Abolition of Privy Council Jurisdiction

After India gained independence and became a dominion, the Federal Court Enlargement of Jurisdiction Act was passed in 1948, which abolished the old system of filing direct appeals from the high court to the Privy Council. In 1949, the Abolition of Privy Council Jurisdiction Act was passed, which abolished the jurisdiction of the Privy Council to entertain new appeals and petitions and to dispose of any pending appeals and petitions. The act also provided for the transfer of all cases filed before the 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.

The Establishment of the Supreme Court

With the commencement of the Constitution of India in 1950, the Supreme Court was established and has since served as the apex court for all purposes in India. It hears appeals from all the high courts and subordinate courts, and with this, the appellate jurisdiction of the Privy Council finally came to an end.