Page:Acts of the Constituent Assembly and Dominion Legislature of India 1949.pdf/20

 REGISTERED

No. D-28

The Gazette of India

EXTRAORDINARY

PUBLISHED BY AUTHORITY

NEW DELHI, WEDNESDAY, SEPTEMBER 28, 1949

GOVERNMENT OF INDIA

MINISTRY OF LAW

New Delhi, the 28th September, 1949

The following Act of the Constituent Assembly has been authenticated by the President of the Constituent Assembly by his signature on the 24th September, 1949, and is hereby published for general information —

CONSTITUENT ASSEMBLY ACT NO. V OF 1949

An Art to abolish the jurisdiction of His Majesty in 'Council in respect of Indian appeals and petitions,

WHEREAS it is expedient to abolish the jurisdiction of His Majesty in Council in respect of Indian appeals and petitions, and to confer a corresponding jurisdiction on the Federal Court of India;

It is hereby enacted as follows:—.

Short title and commencement.

1. (1) This Act may be called the Abolition of Privy Council Jurisdiction Act, 1949.

(2) It shall come into force on the tenth day of October, 1949, which day is hereinafter referred to as "the appointed day".

Abolition of Privy Council Jurisdiction.

2. (1) As from the appointed day, the jurisdiction of His Majesty in Council to entertain, and save as hereinafter provided to dispose of, appeals and petitions from, or in respect of, any judgment, decree or order of any court or tribunal (other than the Federal Court) within the territory of India, including appeals and petitions in respect of criminal matters, whether such jurisdiction is exercisable by virtue of His Majesty's prerogative or otherwise, shall cease.

(2) The appeals and petitions aforesaid are hereinafter referred to as "Indian appeals" and "Indian petitions", respectively.

3. (1) Sections 208 and 218 of the Government of India Repeal. Act, 1935, 26 Geo. 5, c. 2. are hereby repealed.

(2) Any legal proceedings pending by virtue of the said section 208 immediately before the appointed day, whether before His Majesty in Council or the Federal Court, shall by virtue of this Act abate on the appointed day. (1859)