SUPREME COURT OF INDIA PRACTICE & PROCEDURE (CHAPTER I)

 CHAPTER I HISTORICAL PERSPECTIVE During British regime, the King in Council, or Privy Council as it was generally called, was the highest forum to entertain appeals from the judgments and orders passed by the courts in India. On enactment of the Judicial Committee Act 1833, it came to be called the Judicial Committee of Privy Council. The decisions of the Judicial Committee used to be couched in advisory form, though, in practice, the Crown always accepted its advice, and it was unthinkable that 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 1, 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 10 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 their political aspirations by obtaining independence in August, 1947, there was demand from the Indian polity for enlarging the jurisdiction of Federal Court and granting more powers to it. With effect from 10th October, 1949 appeals to the Privy Council were abolished altogether and the entire appellate jurisdiction was vested in the Federal Court. On 26th January, 1950, Federal Court gave way to the Supreme Court of India under the new constitution. Supreme Court of India was inaugurated on January 28, 1950 by late Shri M.C.Setalwad, first Attorney General for India. The Court initially functioned in the Chamber of Princes, a part of Parliament House, where Federal Court used to sit from 1937 to 1950. It shifted to its own building and started functioning there on 4th August, 1958.