Federal Court

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.

1 1
1935 1937
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Governmentof India
Act Federal Cust
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1935
↓ inaugurated
10s" Bust establishment of Federal
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Delhi 1937
High
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During the period 1931-32 i.e.

between the Second and Third
Sessions of the Round Table
- Sudha Cut-High Cut Federal set

Conference, the Legislative

Assembly of India also
considered a resolution for the
"establishment of the Supreme A Federal Court was
Court in India" which was established in India
introduced by B.R. Puri and it under Section 200 of
was fortunately passed in the the Government of India got
Legislative Assembly. India Act, 1935 Independence
1
1950
I

1921 193732 i9351935 1937

1947
Sir Hari Singh Gour' was the first The Joint Select on 26th January,
Committee of both Houses On 1st October, 1937, the
person in the legal history of India, Federal Court was 1950 when the
of Parliament in its report Constitution of
who realised the necessity of in November 1934 inaugurated at Delhi and the
establishing an all-India court of Viceroy administered the India came into
recommended only for the
final appeal in India in place of the establishment of one oath of allegiance to three force. Under
Privy Counc l. With this aim in Federal Court in India.8 Judges of the Court, namely, Article 124 it
view, he introduced a resolution on Accordingly the British Chief Justice Sir Maurice provided for the
26th March, 1921 in the Central Parliament passed the Gwyer 12, and two puisne establishment of a
Legislative Assembly Government of India Act in Judges, Sir Shah Supreme Court of
1935. It also provided for
Muhammad Sulaiman 13 Indi
the establishment of a
Federal Court of India.
and Mukund Ramrao
Jayakar'
 Reason for the Establishment of Federal Court

The distance from India of the Privy Council resulted in unnecessary delay (four
to five years in many cases) in the final disposition of cases.

The expense of an appeal to the Privy Council was prohibitive.

Due to an increasing tendency in Indian public opinion in favour of ending

appeals to the Privy Council from Indian high courts

British Empire's evolving federal structure in India, a need for a federal court in
India was recognised.

Need for Federal Courts in India

The British Empire's evolving federal structure in India, a need for a federal court
in India was recognised

The Government of India Act of 1935 altered the Indian government's structure
from "unitary" to federal

To prevent conflicts between the component entities and the Federation, the
distribution of powers between the Centre and the Provinces required a delicate
balance.

The Federalist system necessitated establishing a Federal Court with jurisdiction

over both the States and the Provinces. But, unfortunately, the Federal Court
only existed for 12 years.

It helped the litigants save time and money. For the Indians, it was also a benefit.

As a result, the Federal Court reduced the Privy Council's responsibility,

eventually taking over the post of Privy Council.

Finally, on January 25, 1950, the Supreme Court of India took the role of the
Federal Court.

Establishment of Federal Courts

A Federal Court was established in India under Section 200 of the Government of India Act, 1935.

The Federal Court of Delhi was established on October 1, 1937. Sir Maurice Gwyer was the Federal Court's
first Chief Justice.

It was a Recorded Court. It convened in Delhi and at such other locations as the Chief Justice of India may
proclaim from time to time, with the consent of the Governor-General of India.
 Appointment of Judges in Federal Courts

His Majesty was to nominate judges and the Chief Justice.

They were to serve until they were 65 years old.

On the suggestion of the Privy Council's judicial committee, His Majesty was entitled to remove
any Judge from office for misbehaviour or mental or physical infirmity.

The federal court was to be made up of the chief justice and the monarch chooses not more
than six puisne justices.

The king has the power to raise the number of judges.

Qualification Criteria for Judges

Qualifications required for a judge are-

1) A high court judge with 15 years of experience, or

2) A barrister or advocate with 10 years of experience, or

3) A high court pleader with 10 years of experience.

4) When it came to the chief justice's appointment, it was stipulated that a person
must have 15 years of experience as a lawyer, advocate, or pleader in a high
court or have been one when initially appointed as a judge.

Salary given to the Judges

Judges of the Federal Court are entitled to the salaries and allowances
and the rights to leave and pensions that His Majesty has established from
time to time.

Accordingly, the chief justice's pay was set at Rs 7000 per month, while
the salaries of the other judges were set at Rs 5000 per month.
 Jurisdiction of the Federal Court

The Federal Court had

original,
appellate and
advisory jurisdiction:

original jurisdiction

Its exclusive original jurisdiction extended over the cases between the
federation and its units.

The dispute must relate to existence of extent of a legal right arising out of
the interpretation of the Act or the extent of legislative or executive authority
vested in the Federation by the Instrument of Accession

Appellate Jurisdiction

The appellate jurisdiction of the Federal Court extended to the appeals from
fligh Courts in British India as also the appeals from the High Courts of the
federating Provinces.

Advisory Jurisdiction

Under its advisory jurisdiction, the Federal Court could be called upon to
answer any question of law, which might be referred to it by the Governor-
General, which in his opinion was of a vital public importance.

Appeals to Privy Council:

Appeals from the decision of the Federal Court lay to the Privy Council in cases
where :
(i) the judgment was given by the Federal Court in exercise of the original
jurisdiction without leave; or
(ii) in any other case, by leave of the Federal Court or special leave to
appeal by the Privy Council.

However, consequent to the passing of the Abolition of the Privy Council

Jurisdiction Act, 1949, complete judicial autonomy was given to the Indian
Judiciary and appeals from the Indian Courts ceased to be taken to the Privy
Council.

The Federal Court functioned until the coming into force of the Indian
- Constitution, w.e.f. January 26, 1950 when it gave way to the Supreme Court of
India. Nevertheless, its contribution to Indian Judicial system in setting healthy
traditions of fairplay and justice has earned it a unique place in the legal and
constitutional history of India.
The Federal Court was also a Court of Record.

All civil and judicial authorities throughout the federation were to act in
aid of the Federal Court.

It was empowered to make rules for its practice and procedure with the
approval of the Governor-General.

The law declared by the Federal Court was binding on all the subordinate
courts in British India and the State courts.