The Calcutta Weekly Notes Law Notes of Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and Short Notes of Important Decisions of other High Courts in India Monday July 29 1940

Privy Council Appeals and the IT' —!e-al Court.- In an editorial note on the 24th instant The Statesman published a quantity of special pleading on the above subject and the recent critic " from which it quoted being ourselves we think we ought to state our views with regard to the suggestion made by the paper. [...] But assuming that difficulties have arisen ln the way of regular prosecution of apeals in the Privy Council we should like to know why the Government of the country or the Government-inspired press should be seized with greater anxiety over the matter than the persons who are actually affected. [...] Meanwhile the litigants are pefectly content with things as they are and we are not aware of any desire expressed by any section of the public that while the whole judicial and political structure of the country remains the same the Federal Court should be constituted the final Court of Appeal for India simply because the conditions under which appeals can be prosecuted before the Privy Coun [...] So long as appeals to the Privy Council are at all possible—whatever the iconvenience of prosecuting them and hoever delayed the disposal may be—India will not willingly forego the privilege of having her appeals heard by the supreme tribunal of the Empire. [...] While therefore we admit that the ultimate surender of the privilege of appeals to the Privy' Council cannot be avoided we must at the same time insist that the surrender must not be precipitated prematurely.