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The Government

Of India Act
1935
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✣ Enacted by British Parliament.


✣ New constitution of the legislature, executive
and judiciary of India.
✣ Many provisions to regulate the establishment,
constitution, jurisdiction and powers of the High
Courts.

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Number of judges-
✣ Would be a court of record.
✣ Consists of Chief Justice and other judges
✣ Appointed by His Majesty from time to time
✣ King in Council to fix number of judges.

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Qualifications of Judges-
✣ Barristers and advocates for 10 years
✣ Member of Indian Civil Service for 10 years
Qualification of Chief Justice-
✣ If member of Indian Civil Service remained as
judge for 3 years

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Appointment of Judges-
✣ Appointed by His Majesty under Royal Sign
Manual
✣ Governor General in Council empowered to
appoint additional judges.

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Removal of Judges-
✣ judges to hold office up to 60 years of age
✣ Could be removed earlier by His Majesty only
✣ On grounds of misbehavior and infirmity of mind
or body
✣ Could be removed by Privy Council on reference
made to it by His Majesty

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Jurisdiction-
✣ Prohibition imposed on three Presidency High
Courts in 1915 on their original jurisdiction to
take cognizance of any matter concerning
revenue was allowed to continue

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Salaries of Judges-
✣ Specific provisions made for salaries, allowances
and pensions of the judges of the High Courts
✣ Fixed by His Majesty
✣ Ensured independence of judiciary from any
executive interference.

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Administrative control
✣ Statutory Commission recommended for the
administrative control of the Central Government
✣ Safeguard judicial independence of judges
✣ Save them from political pressures

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Appeals-
✣ Appeal to the Federal Court.
✣ His Majesty to issue letter patent constituting a
High Court or reconstituting an existing High
Court
✣ Nagpur High Court established

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POINTS TO REMEMBER-

High Court at Nagpur-


✣ The Judicial Commissioners Court was replaced
by the High Court at Nagpur
✣ Established by His Majesty by letters patent
dated 2 January 1936
✣ Jurisdiction and powers similar to the Allahabad
High Court

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Court of Record-

✣ A court of record is a trial court or appellate court in


which a record of the proceedings is captured and
preserved, for the possibility of appeal.
✣ A court clerk or a court reporter takes down a record of
oral proceedings
✣ written record (and all other evidence) is preserved at least
long enough for all appeals to be exhausted, or for some
further period of time provided by law

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THANK YOU

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