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Sub title : Draft Order and Secretariat Note on the Reconstitution of the Federal Court after Partition
Subject: Constitutional Law | Indian Independence Act 1947 | Partition of India | Federal Court of India
Date of publication: 1947
Language: English
Page: 5p.
Source: National Archives of Pakistan
Serial no: 28039
Keyword: Federal Court Order 1947 -- Indian Independence Act -- Partition Council | Governor-General -- Judicial continuity -- Pending appeals -- K.V.K. Sundaram -- M.A. Jinnah -- Legal instrument -- Pre-partition judiciary
Abstract: This document contains the draft of the Federal Court Order, 1947, prepared under Section 9 of the Indian Independence Act, 1947. It outlines the transition of the existing Federal Court into separate courts for India and Pakistan effective from August 15, 1947. The accompanying note from the Secretariat of the Governor-General (Reforms) explains the provisions for judges, pending cases, and enforcement of court orders in both dominions. The papers reflect the administrative and legal preparations during the partition, under the authority of the Governor-General, a role later held by M.A. Jinnah in Pakistan.
Description: This collection comprises scanned pages of the draft Federal Court Order, 1947, along with explanatory notes from the Governor-General’s Secretariat. The order legally reconstituted the Federal Court for the Dominion of India and addressed jurisdictional continuity, transfer of cases to Pakistan, and enforcement of pre-partition judgments. The papers include handwritten notes, dates, and references to the Partition Council, offering insight into the judicial and bureaucratic processes during the transition to independence. Relevant to researchers studying constitutional history, partition studies, and the administrative role of figures such as M.A. Jinnah. SCANNED BY: NATIONAL ARCHIVES OF PAKISTAN.
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