Privy council

Presentation is based on the establishment as well as historical background of the Privy Council in India when it was a British colony. This also contains the causes, nature, jurisdiction of the privy council. Lastly the appraise & council's unique position is been discussed. What were the issues or drawbacks of the "last court of appeal under the throne during 1830s is explained. This topic is basically a insight into the development of Judicature in India under English Legal system.

1. P rivy council in india. .

2. TABLE OF CONTENTS 02 03 04 05 Establishment Composition Jurisdiction & Right to appeal 01 Introduction Appeals from India 07 08 09 10 Abolition Appraisals & Case laws. Conclusion 06 Issues Bibliography/References

3. If we overview the history of Indian Legal System, it clearly reveals that the Indian Legal System is more or less based on the English Legal System. In fact, the systematic development of Indian judicial institutions, judicial principles, laws etc. has occurred during British regime itself .. . Privy Council INTRODUCTION The highest judicial authority around 1830s was conferred on a body of jurists, popularly called as “PRIVY COUNCIL”. It has played a significant role in shaping the present legal system in India.

4. This Journey of PRIVY COUNCIL with respect to India is covered in this project. Brief Outline of topic - This Research Project analyses an episode in the process of development of Indian Legal System under the Colonial rule of Britishers. Subsequent Charters & Acts are discussed for providing readers with better knowledge on the topic. The roles & drawbacks are elaborated concisely.

5. Supreme Federal Council of Normans was known as ‘Curia’, acted as the agency of Normans to rule England. Curia gets divided into ‘Curia Regis’ and ‘Magnum Concillium’. Curia Regis came to be considered as the advisory body of the King performing most of the vital functions in the field of judicial administration. Finally, during the regime of Henry II 1) King-in-Parliament i.e. Court of King’s Bench 2) King-in-Counsel i.e. Court of Common Pleas Historical Backgrounds… The Curia Regis Three Fold Divisions Judicial system

6. As far as India is considered, the Privy Council acted merely as an appellate body since the establishment of Mayor’s court in India . Later, in the 18th century, with the growth of the British Empire the work of the Committee of the Privy Council greatly enhanced. But the councilors, who presided over it, were mostly laymen and attended office for the period of 9 days a year. Lord Brougham severely criticized this practice. Establishment

7. Lord Brougham’s strong protest against laymen hearing appeals led to praising of the JUDICIAL COMMITTEE ACT, 1833 by the British Parliament. This legislation of 1833 established a statutory permanent committee of legal experts to hear appeals from the British colonies and dispose of their matter as referred to them by His Majesty as per the provisions of the Act

8. This statutory committee was known as “The Judicial Committee of the Privy Council”. The first sitting of the newly formed Judicial Committee of the Privy Council took place on 27th November; 1833 . It was also the “Last Court of Appeal under the Throne”.

9. Composition of PRIV Y COUNCIL. The Judicial Committee of the Privy Council whose constitution has been altered by the Acts of 1844, 1908, 1929 and other acts is now composed of the : 1)Lord Chancellor 2) Existing and former lords 3)Presidents of the Council 4) Privy Councilors 5) The Lords of appeal . 6) Judges/ Former Judges of superior courts of Dominions as the crown may appoint. Ordinarily, the quorum of the judicial committee is of three members but in important cases generally five members preside over the committee meeting to hear appeals.

10. Every appeal is addressed to “The King’s most excellent majesty in council” and is sent to the judicial committee for their advice under a general order passed in 1909. The advice so submitted is in the form of a judgment which ends with the words “and we humbly advise etc.” There is only one judgment of the Privy Council and no dissenting judgments as in the case of appeals heard by the High Courts. It is the duty of every privy councillor not to disclose the advice he has given to His Majesty. Procedure and working of privy council.. On the advice tendered, a draft order in council is prepared and at a meeting of the Privy Council itself, usually in Buckingham palace, it receives His Majesty’s approval.

11. Privy Council determine not only upon the questions of colonial law in plantation cases but also sit as judges in the last resort of all prize cases. This entire immense jurisdiction over the rights of property and person, over rights political and legal and over all questions growing out of so vast an area is exercised by Privy Council unaided and alone The practice of invoking the exercise of the Royal prerogative by way of appeal from any court in His Majesty’s Dominions has long obtained throughout the British Empire. In its origin such an application may have been no more than a petitionary appeal to the sovereign, as the fountain of justice for protection against the unjust administration of law. JURISDICTION RIGHT TO APPEAL JURISDICTION & RIGHT TO APPEAL

12. ISSUES OF PRIVY COUNCIL. FOR Long IT WAS STAFFED BY ENGLISHMEN ONLY, HAVING NO KNOWLEDGE OF INDIAN LAWS. LOCATION OF THE PRIVY COUNCIL WAS IN ENGLAND FAR AWAY FROM COMMON MAN IN INDIA. ABSENCE OF LOCAL IDEA OF COURT& THE COUNCIL ENGAGED IN ENGLAND WAS A GREAT HINDRTANCE FOR LITIGANTS. IN CERTAIN CASES THE VIEW OF PRIVY COUNCIL WAS PARTIAL. SUBJECTION TO APPELLATE JURISDICTION (PRIVY COUNCIL) WAS CONSIDERED AS SYMBOL OF SLAVERY. THIS METHOD WAS EXPENSIVE CAUSING PROBLEM FOR POOR MAN IN INDIA .

13. A ppraisals of privy council 1) During the period from 1726 to 1949 and specially 1833 onward, it pronounced 2500 judgments during its career.   2) It laid down the fundamental principles of law in a lucid manner for the guidance of the Indian courts.it was great unifying force in the judicial administration of India. 3) In the field of Hindu law and the Muslim law, though at times defective law was laid down, the contribution of the privy is remarkable. 4) The Privy Council commanded the great respect among the lawyers, judges and the Indian public as the highest judicial institution. 5)The law declared by the privy council is still binding on the high courts in India except in those cases where the supreme court of India has declared law in its judgements . I t shows the amount of respect towards Privy Council. Its contribution to the statute law, personal law, commercial law & the criminal law was of great importance. 6) The principles of integrity, impartiality, independence and the rule of law which were laid down by the Privy Council are still followed by the Supreme Court of India .

14. 1 ) Case of Andrews Hunter . Andrews Hunter v. Rajah of Burdwan was the earliest case that went before the Privy Council. Facts are as such: Hunter filed a suit against the Rajah for recovery of money advanced to his grandmother. Moffusil Diwani Adalat at Burdwan dismissed it; later the Sadar Diwani Adalat reversed the previous judgement& remanded the case for trial on facts. It was again dismissed by the later court& the judgement was confirmed in appeal. Lastly after 8 years the Privy Council finally affirmed the case. This shows the loophole of the judicial system, causing delay in dispensation of justice. 2) N.S Krishnaswami Ayyangar v. Perumal Goundan This case from Madras was the last appeal from Indian High Court, which was disposed by the council on December 15, 1949. In this case, ryots claimed to a permanent tenancy of their holdings under Madras Estate Land Act and the appeal was dismissed by the Privy Council. CASE LAWS

15. ABOLITION Abolition of Privy Council jurisdiction in respect of Indian cases . In 1933, a white paper was issued by the British Government for establishment of the Supreme Court in India so as to here appeal from Indian high Courts. It was the first step. Federal Court (Enlargement of Jurisdiction) Act, 1948 It abolished the old system of filing direct appeals from the High Court to the Privy Council with or without Special leave. Abolition of the Privy Council Jurisdiction Act, 1949 This Act accordingly abolished the jurisdiction of Privy Council to entertain new appeals and petitions as well as to dispose of any pending appeals & petitions . It provided for transfer of all cases filed before Council to the Federal Court in India.

16. CONCLUSION From the above discussion, it reveals that the Privy Council has rendered a meritorious contribution in the development of Indian legal system and judicial institutions It introduced many fundamental legal principles in Indian legal system. It shaped the judicial institutions in India. As a whole its role is very significant in developing the legal system in India as it exists presently.