4.33.43

The last amendment relates to jurisdiction of the Supreme Court. I am sorry to have to say that the approach Mr. Santhanam made to this question of jurisdiction is not quite correct. It ought to be that the Supreme Court has supreme jurisdiction in all matters, but an exception may be made in favour of the States in respect of non-Federal Laws. In respect of any law of the Constitution, it is the Supreme Court that must lay down the law and it must be binding even on States. With regard to British India, the Supreme Court is the highest court in the land with, original jurisdiction in regard to inter-State matters and with appellate jurisdiction over all provincial High Courts. Our Supreme Court is to supersede and replace the Privy Council which has been exercising a kind of appellate jurisdiction over all matters both civil and criminal. This jurisdiction of Privy Council may be transferred to the Supreme Court with some restriction regarding appellate jurisdiction in regard to criminal cases in States.