PARLIAMENTARY DEBATES 991
(QUESTIONS AND ANSWERS)
(1)
*APPEALS FROM THE HIGH COURTS IN INDIA.
4. Shri R. R. Diwakar : (a) Will the Honourable Minister of Law be pleased to state whether appeals from the High Court in India still lie to His Majesty in Council ?
(b) If the answer to part (a) above be in the affirmative, are they governed by the same laws and regulations and rules as before ?
(c) If the answer to part (a) above be in the negative, what is the form to which appeals are to be preferred from the decisions of the High Courts in different provinces ?
(d) Are the appeals now pending before the Judicial Committee of the Privy Council to be heard and disposed of by them ?
The Honourable Dr. B. R. Ambedkar : (a) Yes.
(b) Yes.
(c) Does not arise.
(d) Yes, unless a provision to the contrary is made in the new Constitution.
Shri M. Ananthasayanam Ayyangar : What sort of Court do the present Government propose to set up for appeals from the High Court ?
The Honourable Dr. B. R. Ambedkar: That is not a matter for the Government to decide but for the Constituent Assembly.
Shri M. Ananthasayanam Ayyangar : Is the Honourable the Law Member aware that in the new set up under the present Government of India Act and the Dominion Independence Act that with regard to appeals to the Privy Council the jurisdiction of the Privy Council may be abolished and vested in the Supreme Court ? .
The Honourable Dr. B. R. Ambedkar : I do not know if the Government can take a decision when the Constituent Assembly is sitting for the purpose of defining the Constitution.
- C.A. (Leg.) D., Vol. 1, Part I, 18th November 1947 pp. 70-71.