Write a short note on Federal Court established under the Government of India Act, 1935.

Question: Write a short note on Federal Court established under the Government of India Act, 1935. [BJS 1987]

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Answer:

The Federal Court of India was a judicial body, established in India in 1937 under the provisions of the Government of India Act 1935, with original, appellate and advisory jurisdiction. It functioned until the Supreme Court of India was established in 1950. Although the seat of the Federal Court was in Delhi, however, a separate Federal Court of Pakistan was established in Pakistan in Karachi after the Partition of India. There was a right of appeal to the Judicial Committee of the Privy Council in London from the Federal Court of India.

The Federal Court, established at Delhi had exclusive original jurisdiction for the resolution between provinces and also between the centre and the provinces, and also in the case where disputes arose in matters concerning the interpretation of the Constitution. It was empowered to interpret the clauses that were controversial in the Act. Although the Federal Court was not the final court of appeal, the appeal could be made to the Privy Council in some circumstances.

It was to have one Chief Justice and unless an address has been presented by the Federal Legislature to the Governor-General for submission to His Majesty praying for an increase in the number of judges, the number of puisne judges shall not exceed six. Initially, the court was empowered to hear appeals from the High Courts of the provinces in cases which involved the interpretation of any Section of the Government of India Act, 1935. From 5 January 1948, it was also empowered to hear appeals in those cases, which did not involve any interpretation of the Government of India Act, 1935.

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