Judicial Committee of Privy Council

PRIVY COUNCIL, JUDICIAL COMMITTEE OF.

By the 19th century it had become apparent that the jurisdic tion of the "King in council," wielded upon a wider and wider scale, must be regularized. In the year 1833 the judicial com mittee of the privy council, the present body, was constituted by the famous statutes 3 and 4 William IV. chap. 41.

While historically the existence of an approach by way of an appeal to his majesty had remained, a demand continually arose for systematizing the procedure of such appeal. This was accom plished and the whole institution was re-formed, methodized and regularized by the "Act for Administration of Justice in His Majesty's Privy Council," the authorship of which is attributed to Lord Brougham, and which was passed on Aug. 14, Much in that statute has been changed; in particular the admiralty jurisdiction has been wholly transferred to the court of admiralty, which, with the probate and matrimonial jurisdiction, has be come one of the common law courts of the country under the Judi cature Act of 1874. But the important work and sphere of the privy council in regard to the dominions of the crown finds its founda tion in this statute.

Indian Business.

Bef ore citing the Act, it may be well to pause and to consider not only how the jurisdiction of the council had extended (as we have seen) to various outlying portions of the king's dominions, but also how its authority over the East Indian possessions was originally established. The short history of this is as follows. By charter of George I. in 1726 courts were estab lished in the three settlements—Madras, Bombay and Bengal, and an appeal to his majesty in council was given. Subsequent charters constituted supreme courts and these in time were re placed by various high courts created under the charter Acts 24 and 25 Victoria, chap. 104. These high courts were constituted by letters patent which contained rules providing for appeals to the privy council. Since then, further high courts have been estab lished and these are also constituted by letters patent containing similar provisions as to appeals. The Civil Procedure Code also

gives a right of appeal under prescribed conditions and there has followed an Order of Council of Feb. 9, 192o, which replaces a much earlier one issued under the Judicial Committee Act of 1833. It is easily understood how upon a system thus develop ing in loyalty to the central jurisdiction and prerogative of the Crown, the Act of 1833 was completely in keeping with such development. So great has the growth of Indian judicial business before the committee become, that the committee has been divided into two working sections, one of which is entirely or al most entirely occupied with Indian appeals. By s. 3o of the Ju dicial Committee Act of 1833, two Indian retired judges are also eligible as members of the committee.

Before coming to the Statute itself, it may be well to apprize the reader of various items of privy council jurisdiction which stand quite apart from that exercised in appeals from India and the colonies and dominions.

Ecclesiastical Jurisdiction.

The ecclesiastical jurisdiction of the king in council is derived from the statute 25 Henry VIII.

chap. 19, which followed the famous Act of the previous year, Henry VIII. chap. 12, abolishing appeals to Rome. By the Act 25 Henry VIII. chap. 19 an appeal was given from the courts of the archbishop to the king in chancery and it was enacted that upon such appeal "A Commission shall be directed under the great seal to such persons as shall be named by the King's Highness his heirs or successors like as in case of appeal from the Admirall Court to hear and definitely determine such appeals and the causes concerning the same." This commission in time became known as the High Court of Delegates, which was abolished by 2 and 3 William IV. chap. 92, and by 3 and 4 William IV. chap. 41, ecclesiastical appeals were transferred to the judicial committee. The result is that appeals from the two courts of archbishops (i.e., arches court of Canter bury and provincial court of York) lie to the king in council.