APPEALS TO THE PRIVY COUNCIL

Historical Evolution and Jurisdiction

• After the Norman conquest, the King in Council acted as the court of last resort across the King’s dominions.
• The King was seen as the fountain of justice, exercising jurisdiction through his Council.
• In England, appellate jurisdiction transitioned to the House of Lords, but for colonies and dominions, it remained with the Privy Council.
• The Judicial Committee of the Privy Council (JCPC) became the ultimate appellate body for India until 1950, holding a unique position in Indian legal history.

Royal Prerogative and Legal Basis

• Royal Prerogative: The King’s prerogative to entertain appeals was the cornerstone of Privy Council jurisdiction, described in Reg. v. Bertrand (L.R. 1 P.C. 520) as the inherent right and duty of the Crown to ensure justice.
• Initially, appeals depended on the King’s discretion and were allowed only as a matter of grace.
• Over time, petitory appeals evolved into Appeals as of Right, governed by legislative provisions.

Appeals from India

1. First Right of Appeal:

1. • Introduced in 1726 through George I’s Charter establishing Mayor’s Courts in Bombay, Madras, and Calcutta.
   • Appeals from Mayor’s Courts to the Governor and Council, and further to the King in Council, required a monetary threshold exceeding 1000 pagodas.

2. Regulating Act of 1773:

1. • Established the Supreme Court at Calcutta and provided the right to appeal to His Majesty in Council.
   • Monetary limits:
     • Supreme Court at Calcutta and Madras: 1000 pagodas.
     • Bombay: 3000 Bombay rupees.

3. Provisions for Company Courts:

1. • Sadar Diwani Adalat: The 1781 Act of Settlement allowed appeals from this court to the King in Council for civil suits exceeding £5000.
   • Regulation XVI of 1797: Laid down procedural rules for such appeals, requiring a monetary value exceeding Rs. 50,000 and adherence to strict timelines.

4. Charters of Justice:

1. • These defined conditions for appeals to the King in Council:
     • Civil cases exceeding specific monetary limits.
     • Appeals by special leave for cases outside prescribed conditions, relying on the King’s prerogative.

Reorganization Under the Act of 1833

• The Judicial Committee of the Privy Council was formally established to address growing appeal volumes.
• Membership:
  • Included high judicial officials like the Lord Chancellor, Chief Justices, and Barons of the Exchequer.
  • Two retired Indian judges served as advisors, enhancing the Committee’s understanding of Indian laws.

DRAWBACKS OF THE PRIVY COUNCIL

1. Distance:
   • Located in London, 5000 miles from India, it was physically inaccessible to most Indians.
2. Cost and Delay:
   • Appeals were prohibitively expensive and slow, favoring wealthy litigants.
3. Cultural Disconnect:
   • British judges often lacked understanding of Indian traditions and laws.
4. Symbol of Subjugation:
   • Regarded as an affront to Indian judicial autonomy and national pride.

CONTRIBUTIONS OF THE PRIVY COUNCIL

1. Legal Development:
   • Standardized interpretations across Indian courts, shaping Hindu, Muslim, and commercial laws.
2. Unity:
   • Provided a uniform appellate system, fostering consistency in jurisprudence.
3. Integrity of Justice:
   • Upheld natural justice principles and procedural fairness.

THE FEDERAL COURT (1937–1950)

Establishment and Structure

• Created under the Government of India Act, 1935 to handle disputes within a federal system.
• Functions:
  • Constitutional Interpretation: Ensured the Constitution’s consistent application.
  • Adjudication of Disputes: Resolved conflicts between provinces and the Federation.

Jurisdiction

1. Original Jurisdiction:
   • Exclusive authority in disputes between the Federation and provinces.
2. Appellate Jurisdiction:
   • Heard appeals involving constitutional issues, provided the High Court certified that the case involved substantial constitutional questions.
3. Advisory Jurisdiction:
   • The Governor-General could refer significant legal questions for its opinion.

Interaction with the Privy Council

• Federal Court decisions could be appealed to the Privy Council in certain situations:
  • Decisions in original jurisdiction.
  • By leave of the Federal Court or Privy Council.
• Appeals unrelated to constitutional matters went directly to the Privy Council.

Abolition of Privy Council Appeals

1. Federal Court (Enlargement of Jurisdiction) Act, 1948:
   • Expanded Federal Court jurisdiction, reducing Privy Council appeals in civil cases.
   • Appeals to the Privy Council required Federal Court certification or special leave.
2. Abolition Act, 1949:
   • Transferred pending Privy Council appeals to the Federal Court.
   • Marked the end of Indian appeals to Britain’s highest tribunal.

THE SUPREME COURT OF INDIA (1950–PRESENT)

Constitutional Role

• Established by the Constitution of India, 1950, as the apex court of the nation.
• Replaced both the Privy Council and the Federal Court, combining their functions.

Jurisdiction

1. Original Jurisdiction:
   • Exclusive jurisdiction over disputes between the Union and states or among states.
2. Appellate Jurisdiction:
   • Appeals in constitutional, civil, and criminal cases from High Courts.
   • Includes:
     • Special Leave to Appeal under Article 136, allowing discretionary appeals in any case.
3. Advisory Jurisdiction:
   • The President may seek opinions on legal matters of public importance under Article 143.
4. Enforcement of Fundamental Rights:
   • Empowered under Article 32 to issue writs like Habeas Corpus, Mandamus, and Certiorari.

Key Provisions Ensuring Independence

• Tenure: Judges serve until age 65; removal requires impeachment by Parliament.
• Salaries and Allowances: Fixed by the Constitution, cannot be altered to a judge’s disadvantage.
• Immunity: No parliamentary discussion on judicial conduct except during impeachment.

Comparative Role

• The Supreme Court, unlike the Privy Council, is geographically accessible and deeply rooted in Indian legal culture.
• It serves as the ultimate interpreter of the Constitution and guardian of citizens’ rights.

KEY CASE LAWS

1. Reg. v. Bertrand (L.R. 1 P.C. 520): Defined the prerogative of the Crown in appellate jurisdiction.
2. Dal Singh’s Case (44 I.A. 137): Limited the Privy Council’s interference in criminal cases to instances of grave injustice.
3. Ibrahim v. Rex (11 A.C. 469): Highlighted procedural fairness and natural justice in granting special leave appeals.

SIGNIFICANCE OF THE TRANSITION

1. Privy Council’s Legacy:
   • Unified judicial principles and advanced Indian jurisprudence.
2. Federal Court’s Contribution:
   • Served as a bridge between colonial and independent judicial systems.
3. Supreme Court’s Role:
   • Embodies judicial sovereignty and independence, with a broader and more inclusive mandate.