Monday, February 16, 2015

Abolition of Privy Council Jurisdiction Act (1949) - Why was it not repealed?

With the commencement of Constitution, Indian Independence Act of 1947 & Government of India Act of 1935 were repealed in entirety.However, Abolition of Privy Council Jurisdiction Act (1949) was continued - Why?
This is because the abolition of privy council act resulted in federal court to become free of the queen. Any repeal will be going back to her majesty service. However lot of "jargon" based debates are in the web for the sake of debators which is of no relevance to us, only for legal subject experts. We can leave it at that

But sir, we repealed the Independence Act which gave us Independence. Then why not this one as well?
We could have. and created a new act that will replace the privy act. How does it matter? May be our founding fathers did not take it too much to their heart.
Also the constitution came into effect from 26th January 1950. The act was enacted in before that.

No comments:

Post a Comment