Provincial autonomy was established in India with the coming in force of the Government of India Act 1935, which introduced responsibility at the provincial level and aimed at the union of British Indian provinces with the rulers of states in a federation. A federal system, in its actual operation, depends largely upon a just and competent administration of the law as between governments themselves, as between government and the people and as between individual persons. For this purpose, the 1935 Act provided for the establishment of the Federal Court, the forerunner of the Supreme Court of India. This was the second highest court in the judicial hierarchy in India.
The jurisdiction of the court was wide and included:
(i) any matter involving the interpretation of Constitutional provisions or the determination of any right or obligations arising there under where the parties to the dispute are
a) Federation and either a province or a state or
b) Two provinces or two states or a province and a state;
(ii) any matter involving the interpretation of, or arising under, any agreement entered into after the commencement of the Constitution Act between the Federation and a federal unit or between federal units unless the government provides otherwise. (Section 204 of the Government Act 1935).
Exclusive appellate jurisdiction from any decision given by the High Court or any state court, so far as it involved the consideration of a substantial question of law relating to the interpretation of the Constitution Act or any right or obligation arising thereunder, was conferred upon it, but such appeal could lie to the Federal Court only with the leave of the High Court, that is, on a certificate under Section 205 of 1935 Act. However, the appellate jurisdiction of the Privy Council remained intact (Section 208 of the Government of India Act, 1935).
Similar to that possessed by the Privy Council under Section 4 of the Judicial Committee Act 1833, this court was also conferred the jurisdiction of giving advisory opinion on such questions of law of public importance as may be referred to the court by the Governor General at his discretion. There was also a provision for an appeal to the Federal Court from a decision of any High Court in a Federal state on a question of law relating to the interpretation of the Government of India Act or ordinary constitutional law.
After August 1947, when it was felt that the political aspirations of India had been fulfilled, the question of endowing the Federal Court with full powers and jurisdiction as the highest court came into the forefront. Accordingly from 1st April 1948, as a preliminary steps towards this, its appellate jurisdiction was enlarged by conferring upon it the power to hear appeals from any judgment, decree or final order of a High Court in a civil case from which direct appeal could have been brought to His Majesty in Council, that is, the Privy Council either with or without special leave. In September 1949, the Constituent Assembly, by Act 5 of 1949, completely abolished the appellate jurisdiction of His Majesty in Council to entertain and hear appeals and petitions from or in respect of any judgement, decree or final order of any court or tribunal within the territory of India including the appeals and petitions in respect of criminal matters, and such jurisdiction was now conferred on the Federal Court which became the final court for all purposes in India. This effectively rang the death knell for the old concept of the king as final judge in all matters.
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