द इण्डियन स्ट्रगल / भारतीय स्वाधीनता संग्राम (नेताजी सुभाष चन्द्र बोस - ऐतिहासिक विश्लेषण)

THE WHITE PAPER 319
With regard to the Federal Judiciary, the White Paper
provides for a Federal Court and a Supreme Court. The
Federal Court will have an original and an appellate juris-
diction and will deal with all disputes involving the inter-
pretation of the Constitution Act or any rights or obligations
arising thereunder. An appeal will lie to His Majesty in
Council from a decision of the Federal Court in any matter
involving the interpretation of the Constitution Act. There
will also be a Supreme Court for India, which will be a
Court of Appeal from High Courts in British India. An
appeal from the Supreme Court to His Majesty in Council
will be allowed in civil cases only by leave of the Supreme
Court. In criminal cases no such appeal will be allowed.
After the publication of the White Paper, while giving
evidence before the Joint Parliamentary Committee, Sir
Samuel Hoare stated that the idea of having a separate
Supreme Court might be abandoned and provision might be
made enabling the Legislature, if and when it was thought
desirable, to extend the jurisdiction of the Federal Court—so
as to make it the one final Court of Appeal, subject always
to the right of appeal to His Majesty in Council. According to
the White Paper, the Chief Justice and the Judges of the
Federal Court (as also of the Supreme Court if it comes into
being) will be appointed by His Majesty and will hold office
during good behaviour. Their salaries, pensions, etc., will
be fixed by Order in Council and will not be subject to the
vote of the Legislature.
After the commencement of the Constitution Act, the
present Council of the Secretary of State for India will be
dissolved. The Secretary of State will then appoint not less
than three and not more than six persons, who will form his
Advisory Council. Persons appointed by the Secretary of
State to any of the Services before the commencement of the
Constitution Act will continue to enjoy all Service rights
possessed by them at that date. After the commencement of
the Constitution Act, the Secretary of State will continue to
make appointments to the Indian Civil Service, the Indian
Police and the Ecclesiastical Department and the conditions
as to pay and allowances, pensions, discipline and conduct of