The Privy Council was a judicial body which heard appeals from various courts of the British colonies including India. The origin of Privy Council can be traced back to the Norman Period of English in 1066, when the King-in-Council came to be regarded as the court of last resort in case of default, defects or miscarriage of justice perpetrated in the lower courts.
Composition of Privy council
The privi Council was composed of load president of the privi council,load high chancellor and other chancellor holding judicial offices. Appeals were to be transferred by his majesty to the judicial committee. the quorum of the judicial committee was fixed at 4. the Privy Council made a great contribution acting is the highest court of appeal and establishing a high standard of justice in the country.
Functioning of Privy council
Privy Council was not a judicial authority. it was only an advisory body. when any appeal came from any of the colonies member of Council discussed together and the drafted judgement was to be sent to king for approval after the approval of his majesty the judgement was sent to courts for implementation.
Advantages of Privy council
- It was through the Privy Council that the common law of England was introduced into all the dominions and colonies under the British rule as the basis of their legal system. Through it, a common view of the principles of the common law and legal issues was enforced throughout the length and breadth of British Empire.
- The Judicial Committee rendered a great and meritorious service to the Indian legal system. The Privy Council consisted of senior judges of England having a firm grounding and thorough training in the English law who introduced their own notions of justice into the Indian legal system.
- The Judicial Committee came to be looked upon by the Indians with great respect. Its decisions were usually masterly which enriched the Indian jurisprudence in many respects. It rendered notable judgements in the field of the statute law and personal laws.
- The service rendered by the Privy Council to the cause of justice in India was really very great. It earnestly endeavored to ascertain by diligent research and reduce to a coherent system, the Hindu and Muslim laws which by and large, were formless and not very coherent before the advent of the British period.
- During its life span, the highest court of appeal from India, Privy Council rendered over 2500 judgements which form a great body of precedents. These judgements constitute fountain source of law on many points. The decisions of Privy Council were regarded as persuasive by the Supreme Court because both the courts were of the same rank and status so far as India is concerned.
Disadvantages of Privy council
- As the judicial committee was situated in London, it was composed primarily of the British judges, many of whom had no intimate personal knowledge of Indian conditions and manners. The absence of knowledge of the local conditions in India was unquestionably a disadvantage both to the court and to the counsel who had to be engaged in England.
- The distance location of the Judicial Committee made the disposal of appeals very dilatory and expensive. The system put a wealthy litigant at an advantage, for he could coerce a poor opponent to surrender or compromise by his capacity to take the case the case to the Privy Council and so the system often worked to the disadvantage of the poor litigants.
- The existence of the Privy Council’s jurisdiction came to be regarded by the nationalist public opinion in India as a symbol of judicial slavery to a court which was largely staffed by the British judges. The process of taking appeals to the Privy Council came to be regarded as casting a reflection and an aspersion on the competency, capacity and integrity of the Indian lawyers and judges. The question was rather one of national honour and prestige. The nationalist public opinion desired an Indian court manned by Indians for Indians.
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Descirbe about the composition of privy council ?
The privi Council was composed of load president of the privi council,load high chancellor and other chancellor holding judicial offices. Appeals were to be transferred by his majesty to the judicial committee. the quorum of the judicial committee was fixed at 4. the Privy Council made a great contribution acting is the highest court of appeal and establishing a high standard of justice in the country.
Explain the Advantages of Privy council ?
1. It was through the Privy Council that the common law of England was introduced into all the dominions and colonies under the British rule as the basis of their legal system. Through it, a common view of the principles of the common law and legal issues was enforced throughout the length and breadth of British Empire.
2. The Judicial Committee rendered a great and meritorious service to the Indian legal system. The Privy Council consisted of senior judges of England having a firm grounding and thorough training in the English law who introduced their own notions of justice into the Indian legal system….
Explain the Disadvantages of Privy council ?
1. As the judicial committee was situated in London, it was composed primarily of the British judges, many of whom had no intimate personal knowledge of Indian conditions and manners. The absence of knowledge of the local conditions in India was unquestionably a disadvantage both to the court and to the counsel who had to be engaged in England…..
Refrences Book
- Rankin G.C. Background to Indian Law
- Indian legal and constitutional history by Dr. N. V. Paranjape
- M. Rama Jois, Legal and Constitutional History of India
- M.P. Jain, Outlines of India Legal History
- V.D. Kulshrestha, Landmarks in Indian Legal History
- A.B. Keith, Constitutional History of India
Sources
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