DRAFT CONSTITUTION 1045
Mr. President : Yes. The Honourable Dr. B. R. Ambedkar : Sir, I move : For clause 9, the following clause be substituted : —
“9. (1) In section 205 of the Government of India Act, 1935 (hereinafter Amendments of the referred to as the said Act), for sub-section (2) Government of India the following sub-section shall be substituted, Act, 1935. namely:—
“(2) Where such certificate is given, any party in a case may appeal to the Federal Court on the ground that any question us aforesaid has been wrongly decided and, with the leave of the Federal Court, on any other ground.”
(2) In section 209 of the said Act, for sub-sections (1) and (2) the following subsections shall be substituted, namely : —
“(1) The Federal Court in the exercise of its appellate jurisdiction may pass such Act V of 1908 decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, including an order for the payment of costs, and any decree so passed or order so made shall be enforceable throughout the territory of India”.”
I should like to add one or two words to be interpolated, which have been omitted :
“In the manner provided in that behalf in the Code of Civil Procedure, 1908, or in such other manner as may be prescribed by or under a law of the Dominion Legislature, or subject to the provisions of any such law, in the manner prescribed by rules made by the Federal Court.”
“ (3) In clause (a) of sub-section (3) of Section 210 of the said Act, for the word, brackets and figure “sub-section (2)”, the word, brackets and figure “sub-section
(1)” shall be substituted.”
“(4) In section 214 of the said Act, after sub-section (1) the following sub-section shall be inserted, namely : —”
I should like to add a few words at the beginning.
“ (IA) Subject to the provisions of the Code of Civil Procedure, 1908, or any law Act V of 1908. made by the Dominion Legislature, the Federal Court may also from time to time, with the approval of the Governor-General, make rules of court for regulating the manner in which any decree passed or order made by it in the exercise of its appellate jurisdiction may be enforced.”
The object of clause 9 is to make the Federal Court a complete and independent Court. There were certain limitations under the existing Government of India Act, 1935 which prevented the Federal Court from drawing up its own decrees. It had to send the matter to the Trial Court. All these limitations it is necessary to withdraw because the Federal Court is going to take the place of the Privy Council.
*The Honourable Dr. B. R. Ambedkar : That amendment, I submit, is outside the scope of the Bill. The Bill deals merely with the transfer of jurisdiction.
*CAD, Vol. IX, 17th September 1949, pp. 1605-1606.