privy council

A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word “privy” means “private” or “secret”; thus, a privy council was originally a committee of the monarch’s closest advisors to give confidential advice on state affairs The authority of the Privy Council over the Indian subcontinent developed in patches that stretched unevenly inland from coastal locations, mirroring the process by which the East India Corporation, established in 1600, gradually acquired political power in the region. This process resulted in “India” as such not forming a jurisdiction until India and Pakistan emerged as independent countries in 1947.

Rather, the courts hearing appeals from the Privy Council were provincial courts and appealed themselves from far-off subcontinental lands. The earliest appeals from India to the Privy Council were not appeals against any court’s decision, but petitions to the English Crown for alleged oppression by officials of the East India Company. The earliest plea to the Privy Council from a court in India was in 1679 In 1726, in the Charters of the Mayor’s Courts, established in the port cities of Bombay, Madras and Calcutta, earliest formal provisions for appeals to the Privy Council from courts located in India were provided.

In fact, Bombay was Crown territory (acquired from the Portuguese as royal dowry) transferred to the Company, while the settlements in Madras and Calcutta grew around the Company’s trading stations and on lands leased from Indian rulers. These courts’ jurisdiction was limited to the city in which they were located and British subjects. In 1753, explicit legislation provided for Indians not to be subject to their jurisdiction unless they chose to be. Nevertheless, Indians provided much of the business for these courts and scientists speculated on the grounds. As some of the possible reasons, the lack of alternative tribunals in the area, the lure of a winner-take-all form of justice and the active forum shopping by disadvantaged litigants in other courts were proposed. The records of the Mayors’ Courts provide insights into the restless commercial networks stretching from Britain to the Arabian and Persian coasts of India to South East Asia, the ad hoc and disputed forms of local authority exercised by the Company’s officials, and the Jewish, Armenian, British and Indian merchants, agents and their families jostling alongside The procedure of lodging appeals with the Privy Council and of their being decided, was modified several times, most importantly in 1833. From the discussion above it is apparent that the Privy Council has made a valuable contribution to the development of the Indian judiciary and legal system. In the Indian legal system, it implemented several fundamental concepts of law. The courts of India were formed. In general, its role in improving the legal system in India as it currently exists is very critical.

By looking at the history of the Indian Legal System, the Indian Legal System is founded on the English Legal System. Indeed, during the English regime itself there was a systematic development of Indian judicial institutions, judicial principles, laws, etc. Furthermore, a hierarchical judicial system was developed in India in the British regime. Consequently, a body of lawyers popularly known as the ‘Privy Council’ was granted the highest judicial authority. In shaping the current legal system in India, it has played an important role.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs

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