The Government of India Act, 1935 changed the structure of the Indian Government from “Unitary” to that of “Federal” type. The Distribution of powers between the Centre and the Provinces required the balance to avoid the disputes which would be arisen between the constituent units and the Federation. The system of Federation clearly demanded the creation of a Federal Court which would have jurisdiction over the States as well as the Provinces. Federal Court functioned only for 12 years. It was the highest Court in India. Over it, there was Privy Council. But to approach the Privy Council required huge expenses to the litigants’ Hence the establishment of the Federal Court was made necessary. It saved the time, expenses to the litigants. It was also a convenience to the Indians. Therefore, the Federal Court lessened the work load of the Privy Council, and gradually it occupied the position of Privy Council. Lastly, in the place of Federal Court, the Supreme Court of India has been established on 25-1-1950. Establishment:
Section 200 of the Government of India Act, 1935 provided for the establishment of Federal Court in India. On 1 -10-1937, the Federal Court was inaugurated at Delhi. Sir Mauric Gwyer was the First Chief Justice of the Federal Court. It was a Court of Record. Appointment of Judges:
Judges and the Chief Justice were to be appointed by His Majesty. They were to lode office till the age of 65 years. His Majesty was empowered to remove any Judge from his office on the grounds of misbehavior or infirmity of mind or body, on the recommendation of the judicial committee of the Privy Council. Qualifications:
Qualifications required for a judge are-
i. 5 years experience as a Judge of a High Court; or
ii. 10 years standing as an advocate or barrister; or
iii. 10 years standing Court.
The Judges of the Federal Court were entitled such salaries and allowances and to such rights in respect of leave and pensions, as were laid down by His Majesty...
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