PARLIAMENTARY DEBATES 995
The Honourable Dr. B. R. Ambedkar : I said that the Government is considering the matter and before any action could be taken Government have to see that the Federal Court becomes a Supreme Court and has got the full complement of judges to discharge the functions that will devolve on them if they were to discharge the functions of the Privy Council.
Mr. B. Poker Sahib Bahadur : Is the Honourable Minister aware that the previous Government was contemplating the question of providing appeals to the Federal Court, according to the option of the party, in addition to appeal lying to the Privy Council, in view of the fact that the Federal Court Judges had not sufficient work to do and this measure could afford to facilitate the litigant public to pursue their appeals from the High Courts ?
The Honourable Dr. B. R. Ambedkar : The whole question is being considered.
(4)
*CONSTITUTION OF THE FEDERAL COURT.
25. Shri Phulan Prasad Varma : (a) Will the Honourable Minister of Law be pleased to state whether Government are aware that the Constituent Assembly of India has passed certain transitional provisions by which the Federal Court will be deemed to be the Supreme Court, and will be the ultimate appellate authority and new appeals will lie to the Supreme Court instead of to the Privy Council ?
(b) If the answer to part (a) above be in the affirmative, what steps have Government taken or are going to take to implement these provisions ?
(c) Are Government aware that in the traditional provision it has been laid down that the cases pending before the Privy Council will be disposed of by the Privy Council ?
(d) If the answer to part (c) above be in the affirmative, do Government propose to clarify as to what exactly is meant by the expression ‘pending’ ?
(e) Are Government aware that there is a great deal of uncertainty in the mind of the litigant public, Advocates and High Court Judges regarding the precise position in the matter ?
- C.A. (Leg.) D., Vol. 1, Part I, 18th November 1947, p. 88.