India 2018

Law and Justice 377
its report will not be given effect to. The Privy Council acted as a channel, through
which English concepts came to be assimilated with Indian laws. It served as a
bridge between the Indian and the English legal system, over which legal ideas
travelled from England to India. It was through this body, that the common law
of England was introduced in India under the British regime, as the base of its
legal system. During its career as the highest court of appeals from India for the
period of about 200 years, Privy Council rendered over 2,500 judgments, and
till today these judgments constitute the fountain-source of law on many points
in India.
However, there was a rising demand for establishment of Supreme Court
in India, since it was felt that appeal to the Privy Council was very costly and
beyond the means of common man. More important was the reason that it
detracted from the self respect of the Indian people. Government of India Act,
1935 introduced a federal constitution to India, involving distribution of powers
between the Centre and the constituent units. The Federal Court of India began
functioning from October 01, 1937. To begin with, Federal Court had a very
limited jurisdiction, confined to original jurisdiction in disputes between the
centre and constituent units or inter se amongst the latter, advisory jurisdiction
and appellate jurisdiction on a certificate from the High Court. Appeals from
Federal Court could go to the Privy Council, from the judgments rendered in
exercise of original jurisdiction, or by leave of the Federal Court or the Privy
Council. In cases involving interpretation of Constitution, the parties had to
first go to Federal Court in appeal from the High Court, and in other cases
appeals from the High Courts lay directly to the Privy Council. It could give
advice on such questions of public importance, as were referred to it by the
Governor General, in his discretion. The appellate jurisdiction of the Federal
Court was enlarged by enactment of Act No. 1 of 1948 and appeals were
provided to Federal Court from the judgment of the High Court in the same
circumstances, in which appeals could be brought to the Privy Council, without
any special leave and also by special leave of the Federal Court in any other
case. However, appeals to the Privy Council were still possible by leave of the
Federal Court or of the Council.
After achieving independence in August, 1947, there was demand from
the Indian polity for enlarging the jurisdiction of Federal Court and granting
more powers to it. From 1949 appeals to the Privy Council were abolished
altogether and the entire appellate jurisdiction was vested in the Federal Court.
On January 26, 1950, Federal Court gave way to the Supreme Court of India
under the new Constitution. Supreme Court of India is located on Tilak Marg,
New Delhi.
After its inauguration on January 28, 1950, the apex court commenced its
sittings in a part of the Parliament House. The Court moved into the present
building on August 4, 1958. The original Constitution of 1950 envisaged a
Supreme Court with a Chief Justice and 7 puisne Judges - leaving it to Parliament