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The Privy Council served as a judicial body for British colonies, including India, and acted as an advisory council since its origins in the Norman period. Established in 1833 as the last court of appeal, it played a significant role in the development of law in India, bridging Indian and English legal systems. However, it faced criticism for being staffed by Englishmen unfamiliar with Indian laws and for its inaccessibility to the common people in India.

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16 views3 pages

Untitled Document 23

The Privy Council served as a judicial body for British colonies, including India, and acted as an advisory council since its origins in the Norman period. Established in 1833 as the last court of appeal, it played a significant role in the development of law in India, bridging Indian and English legal systems. However, it faced criticism for being staffed by Englishmen unfamiliar with Indian laws and for its inaccessibility to the common people in India.

Uploaded by

Manushri Joshi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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The Privy Council

What is Privy Council ?


The Privy Council was nothing but the judicial body, which heard appeals from various courts
of the British colonies including India.
It also act as advisory body.

Judicial Body :- Any public organization or branch of government responsible for the
administration of justice.

Origin of Privy Council


The history of Privy Council dates back to the Normans who conquered England in 1066
A.D.
They introduced a strong central government which handled the legislative, executive and
the judicial functions of the government.

A small council called the Curia Regis or King's Court consisting of feudal Lords was formed
to advise the King in administrative and legal matters.

The Council met in different parts of the country at regular intervals.


The Curia Regis conducted its business through two kinds of meetings:
(i) meeting of the entire Curia; and (ii) meeting of the smaller Curia.
The meeting of the entire Curia was arranged on three great festivals in a year i.e. Easter,
Whitsun and Christmas when all the feudal chiefs and royal members met together to
consider serious matters.
In these meetings they also evolved new laws and settled disputed cases.
The King himself held this Court in person.
The smaller Curia, held its meetings more regularly and frequently to transact government
business involving day-to-day administration, particularly the matters relating to revenue and
finance of the Government.
This smaller meeting consisted of limited number of royal-officials including King's ministers
and his Justiciar and Chancellor. In course of time, with the progress and prosperity of the
country, the pressure of work on the smaller Curia increased.
the Curia Regis came to be regarded as the King's advisory council, fulfilling the majority
of the important task in judicial administration.
Finally, during Henry II's reign, the Judicial Responsibilities of Curia Regis grew dramatically,
creating two distinct Common Law Courts in England.
They are:
King-in-Parliament i.e. Court of House of Lords
King-in-Counsel.

[The Tudor period occurred between 1485 and 1603 in England and Wales and includes the
Elizabethan period during the reign of Elizabeth I
until 1603.]

During the Tudor's rule in England in fifteenth century, the Curia Regis or the King's inner
Council which mainly consisted of the King's trusted advisers, concerned itself with state
matters.
The ordinances of the Council of 1526 distinguished its executive from the judicial
functions. Henceforth, the executive branch was to attend the King constantly while the
Judicial Branch remained at Westminister and was later known as the Judicial Committee of
the Privy Council.
The British empire having acquired many colonies overseas during the 17th century, it was
necessary for the King-in-Council to adjudicate upon the appeals from these colonies.
Consequently, this function was entrusted to the Privy Council in 1572.
For this purpose a special committee called the Judicial Committee of the Privy Council was
formed which acted as the highest appellate institution so far appeals from the overseas
British colonies were concerned.

Nature and extent of the privy council jurisdiction

Case
hull v\s mckenna – in this case privy council observed, we are not ministers in any real
sense, we are a committee of privy councillars, who are acting in the capacity of judges
giving advice
to his majesty but only in judicial spirit.
- Thus it would be seen that the privy council was the last court or apex court of appeal for
colonies and dominions. But the decision of the council was always in the form of advice and
not as a final order as in case of other courts.

Formation of Judicial Committee of the Privy Council

The workload on the Privy Council Committee grew as the British Empire expanded in the
18th century.
However, the Councillors heading the body were laymen, and the committee only met for 9
days each year.
In his famous Law Reforms address in the House of Commons in 1828, Lord Brougham
harshly criticised this.
The Judicial Committee Act, 1833, was enacted by British Parliament in response to his
protests about laymen councillors hearing appeals.
The formation of a permanent committee of legal experts to hear the appeals of the colonies
under British control was provided for in this legislation.
On August 14, 1833, the Privy Council was established. It was the Throne's "Last Court of
Appeal.”

Composition of the Judicial committee of Privy Council

The quorum of judicial committee of Privy Council was fixed to be four.


The committee composed of the president of the privy council, lord high chancellor, and such
other members of privy council as from time to time held any of the following offices –
1)The first lord commissioners of the great seal of great Britain.
2)Chief justice of the judge of the king’s bench court.
3)Master of rolls.
4)Vice chancellor of England
5)Chief justice or judge of the court of common pleas.
6)Chief barron of the court of ex- chequer.
7)Judge of prerogative court of lord archbishop of contiburry.
8)Judge of high court of admiralty.
9)Chief justice of the court of bankcruptcy.
In addition, the king could also provide two other Privy Councillors to be the member of
judicial committee of Privy Council.

Appeals From India

Appeals from the courts in India i,e. crown court and the company court lay to the Privy
Council
1) Appeals from Mayor’s Courts of 1726
2) Appeals from the Supreme Court of Calcutta under ( Regulating Act 1773)
3) Appeals from the recorder’s court under the Act of 1797
4) Appeals to Privy Council from Sadar Adalat
5) Appeal from the federal court

Role of privy council in development of law in india


Privy council played a very important role in the development of law in india.
- It served as a bridge between Indian and English legal system.
- It helped in development of fine principles of common law in india. Which provided basis for
codification of Indian laws.
- It also acted as a connecting link between sadar adalat’s, supreme court’s and high court’s
in india. Which served as a great unifying force in judicial
administration in india.

Drawbacks of Privy Council


Despite this contribution, the Privy Council had the following shortcomings:
*For a long time, it was staffed entirely by Englishmen who were unfamiliar with Indian rules.
*Because the Privy Council was located in England, it was inconvenient for the common
man in India.
*Subjecting oneself to the jurisdiction of foreign judicial organisations, such as the *Privy
Council, was regarded as a sign of slavery.
*All of this makes it difficult for the poor man in India to seek justice.

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