360193

Which proposes the deletion of the words ‘except the States for the time being specified in Part III of the First Schedule”. I wish to restrict my observations to that amendment only. With that clause, the article limits the operation to the High Courts of provinces only. If this clause is omitted, that limitation will be taken away, but I would like to point out that this would not be sufficient for the purpose. It would like to point out that this would not be sufficient for the purpose. It would not ipso facto invest the Supreme Court with power to hear appeals against the decision of the High Courts in Indian States. To make my meaning clear, I would, in short, describe the present situation in the Indian States. Sometimes it is said that the States are in a backward condition. There are practically primitive conditions in the Indian States. There is no judicial service, etc. This sweeping generalisation is entirely wrong and gives a misleading conception of the states of the things in the Indian States. In most of the States enumerated in part III of the First Schedule, there is well constituted High Court and efficient judicial service, but according to the constitution of the Indian States there is no appeal to the Privy Council from the judgments of the High Courts in these States. In most of the States a Judicial Committee had been appointed which heard appeals from the High Courts. In the minor States it is true that there is no judicial service of the kind which prevails in the provisions and there no High Courts, but the common people could have ready access to the Rulers. That acted as a check against the executive, and the Ruler in most cases gives them rough and ready justice. This me the requirements of the situation. In fact, in some cases with the limited area in which these Rulers exercised their jurisdiction, this did give better justice, for justice delayed is justice denied. In the provinces especially in civil cases the justice which is at present administered is so dilatory and so intricate that there is a saying in Hindi- Jo diwani men jata hai woh diwana ho jata hai;

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