cover image: The Calcutta Weekly Notes  Monday  January 3  1944

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The Calcutta Weekly Notes Monday January 3 1944

1944

The same report attributed to his Lordship the folloing statement: It is in the interest of Idia the appellants and my legal profession that the jurisdiction of the Federal Court fhould be extended." About the interest of the legal profession there can be no possible doubt. [...] Since the constitution of Idia is the constitution of a dependency there can be no political reason for prefering a Court which is a part of that consttution to the Privy Council as the Supreme Court of India at the sacrifice of all that the Privy Council has meant to the Indian people all these years. [...] The existence of a „tribunal in India having the same juridiction as the Privy Council will necessarily re-act on the High Courts and the Privy Council itself in the matter of giving leave te4 appeal to that body and the result will be that India will virtually be consigned to the Federal Court a Court functioning as a part of the non-autonomous Constitution controlled by an irresponsible Exe [...] That objection is that before the people of India are asked to accept the Federal Court as the Court of Appeal from the High Courts it must be seen that the Federal Court has established its superiority to the High Courts by the quality of its work and has thus won public confidence and respect. [...] If the judgments of the Federal Court are not of the same type as those of the Privy Council then the question to be considered is whether there is any reason for exchanging judments of Lords Justices and Lords of Apeal in England for judgments of the Fedral Court when the change is not going to be accompanied by any corresponding costitutional advance.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Monday January 3 1944
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