cover image: Constituent Assembly Debates. Official Report  Monday  6th June  1949

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Constituent Assembly Debates. Official Report Monday 6th June 1949

1949

If you take into account the histom of legislative powers in India from the time the Letters Patent were issued the jurisdiction of the several High Courts in India was subject even before popular element was introduced to the general legislative jurisdiction of the Governor-General in Council: and today even an appeal to the Privy Coucil under the provisions of the Civil Procedure Code is [...] The reason why unfortunately we had to mention article 111 is this: A simple reference could have been made to the jurisdiction of the Federal Court or the jurisdiction exercised by the Privy Council without mentioning the details as to the condition of appeal and then that might be made subject to the intervention of Parliament. [...] Rai Bahadnr for the deltion of the provision relating to the exclusion of the States specified in Part III of the First Schedule from the operation of article 111 of the Draft Consttution. [...] Just as in a trial by jury you cannot lay the responsibility on the Judge and lawyers but the case has to be decided according to the commonsense of the jurors them elves similarly in this House the responsibility of framing the Constitution is entirely on the Members of this House the majority of whom are not members of the legal profession. [...] The introduction of those words 'subject to such provisions of law as the Parliament may lay down' at the beginning of the article which the amendment proposes changes the whole aspect of the article.
government politics public policy
Pages
44
Published in
India
SARF Document ID
sarf.100003
Segment Pages Author Actions
Frontmatter
i-619 unknown view
Draft Constitution
619-660 unknown view