Supreme Court of India: The Beginnings

by George H. Gadbois Jr.

This work seeks to determine the roles played by the paramount judiciary in the Indian polity between 1937 and 1964. The discussion starts with an examination of the Federal Court, the establishment of which in 1937 brought into existence Indias first central judicial institution. After a consideration of events leading to the creation of the Federal Court, the nature of its jurisdiction and representative decisions are analysed. Other matters considered include the relationship of the Federal Court with the Privy Council, and the unsuccessful efforts made to empower the Federal Court with a jurisdiction to hear civil appeals. In addition, the major part of this work is devoted to the present Supreme Court of India, which replaced the Federal Court in 1950. After discussing the general features of the new judicial establishment, attention is focused upon the nature of its review powers and the manner in which the Court can exercise these powers. Against the background of debates
in the Constituent Assembly that reflect the attitudes of the Constitution-makers towards judicial review, the important decisions which provoked clashes between the judges and politicians have been analysed.

Genres: Law, Nonfiction, Legal

312 pages, Hardcover

Published February 22, 2018

Reviews

[Praveen SR · Rating 4 out of 5]

An American writes about the early days of India's Federal Court and its transformation into the Supreme Court of today, post-independence. When Hari Singh Gour moved a resolution in the Central Legislative Assembly in 1921 demanding the setting up of a Federal Court, most of the Indian leaders including Motilal Nehru were keen on it, preferring the Privy Council in London, which served then as the highest Court of appeal for India.

The Govt of India Act 1935 made provisions for a Federal Court, which was eventually inaugurated in 1937. It had limited jurisdiction and its decisions were subject to review by the Privy council. For its first 4.5 years, it handed down only 27 decisions. Two years after independence, the Constituent Assembly passed the abolition of Privy Council jurisdiction Act. The Supreme Court came into existence in 1950.

The book gives one an overview of some of the seminal cases of those early days, for instance the A.K.Gopalan Vs State of Madras case, moved by AKG, who was in detention continuously since 1947. His move was specifically against the Preventive Detention Act of 1950, introduced in the Parliament by the then Home Minister Sardar Patel , as an "anti-Communist" measure.

Gadbois lays out how the Court slowly gained its strength over an executive which has always tried to lord over it. It's quite an important read about an institution, which is now visibly crumbling before our eyes, being filled with yes-men who are scared to even utter even a passing line against the emperor or his part and who are aid in the fascist Government's hunt of the dissenters. Wonder whether there will be a churn within the institution again, as we all had dreamt of when four judges decided to hold a public show of defiance against the then Chief Justice. But, the fact that one of those four judges, who went on to become Chief Justice, later presided over a period of erosion of credibility, does not give us much hope.

[Harikrishna · Rating 4 out of 5]

gives you an overview of the Supreme Court of India's history and how it begins its journey also the overview of its journey in 1950's the way it had interpreted the constitution.

The historical journey from Federal court to its 1950 establishment as Supreme Court of India, by the Constitution enactment from 1950.

Also, the book gives us an understanding on its functioning and the struggles.

also, the way of interpretation that the supreme court took in interpreting the constitution of india.