Report No. 96

4. Federal Court Act, 1937 (25 of 1937)

The Act deals with certain matters concerning the erstwhile Federal Court. The entire Act reads as under:

"An Act to empower the Federal Court to make rules for regulating the service of processes issued by the Court. Whereas it is expedient to confer upon the Federal Court a supplemental power which is necessary for the purpose of enabling the Court more effectively to exercise the jurisdiction conferred upon it by or under the Government of India Act, 1935; it is hereby enacted as follows:

1. Short title.- This Act may be called the Federal Court Act, 1937.

2. Power of Federal Court to make rules.- The Federal Court may make rules for regulating the service of processes issued by the Court, including rules requiring a High Court from which an appeal has been preferred to the Federal Court to serve any process issued by the Federal Court in connection with that appeal."

The subject-matter of the Act falls within Union List, entry 11A, "Administration of Justice" and Union List, entry 97 (residuary).

Reasons for recommending repeal.-The Federal Court ceased to exist long ago. The Act should therefore be repealed now as totally spent. It may be noted that the Federal Court Act, 1941 (21 of 1941), which empowered the Federal Court to make rules, has been repealed by Act 48 of 1952. The Federal Court Supplemental Act, 1942 (26 of 1942), which authorised delegation of certain powers of the Federal Court to the Registrar, was also repealed by Act 48 of 1952.