What is Article 374 of Indian Constitution – Defination & Meaning

Article 374: Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council (1) The Judges of the
📅 Part XXI – Temporary, Transitional and Special Provisions
🏷️Active

📚 UPSC Relevant

Article Number

374

part

Part XXI – Temporary, Transitional and Special Provisions

Status

Active

Bare Acts Text

Article 374: Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council

  • (1) The Judges of the Federal Court holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the Judges of the Supreme Court and shall thereupon be entitled to such salaries and allowances and to such rights in respect of leave of absence and pension as are provided for under article 125 in respect of the Judges of the Supreme Court.
  • (2) All suits, appeals and proceedings, civil or criminal, pending in the Federal Court at the commencement of this Constitution shall stand removed to the Supreme Court, and the Supreme Court shall have jurisdiction to hear and determine the same, and the judgments and orders of the Federal Court delivered or made before the commencement of this Constitution shall have the same force and effect as if they had been delivered or made by the Supreme Court.
  • (3) Nothing in this Constitution shall operate to invalidate the exercise of jurisdiction by His Majesty in Council to dispose of appeals and petitions from, or in respect of, any judgment, decree or order of any court within the territory of India in so far as the exercise of such jurisdiction is authorised by law, and any order of His Majesty in Council made on any such appeal or petition after the commencement of this Constitution shall for all purposes have effect as if it were an order or decree made by the Supreme Court in the exercise of the jurisdiction conferred on such Court by this Constitution.
  • (4) On and from the commencement of this Constitution the jurisdiction of the authority functioning as the Privy Council in a State specified in Part B of the First Schedule to entertain and dispose of appeals and petitions from or in respect of any judgment, decree or order of any court within that State shall cease, and all appeals and other proceedings pending before the said authority at such commencement shall be transferred to, and disposed of by, the Supreme Court.
  • (5) Further provision may be made by Parliament by law to give effect to the provisions of this article.
READ ALSO  What is Article 152 of Indian Constitution - Defination & Meaning

Full Definition & Explanation

Article 374 of the Indian Constitution outlines the transition of judges from the Federal Court to the Supreme Court. This article specifically states that judges serving in the Federal Court prior to the Constitution’s commencement automatically become judges of the Supreme Court unless they choose otherwise. This transition ensures continuity in the judiciary and allows these judges to retain their salaries, allowances, and rights related to leave and pensions. This smooth transition helps maintain the stability and integrity of the judicial system in India during a major constitutional change. The article also addresses the pending cases at the time of the Constitution’s enactment. All civil and criminal suits, appeals, and proceedings that were active in the Federal Court will be moved to the Supreme Court. The Supreme Court is then tasked with hearing and deciding these matters as if they had originated there. By doing this, the article preserves the judicial process and ensures that there is no backlog of cases resulting from the change in the judicial structure. Additionally, Article 374 mentions the jurisdiction of His Majesty in Council, allowing for certain appeals to continue under specific legal conditions. This means that any decisions made by this council before the Constitution’s commencement maintain their validity. However, the jurisdiction of the Privy Council in specified states ends with the Constitution’s commencement. All related appeals will be handled by the Supreme Court, ensuring that there is a single apex court for the country’s judicial system.

Historical Context

This article specifically states that judges serving in the Federal Court prior to the Constitution’s commencement automatically become judges of the Supreme Court unless they choose otherwise. This transition ensures continuity in the judiciary and allows these judges to retain their salaries, allowances, and rights related to leave and pensions. This smooth transition helps maintain the stability and integrity of the judicial system in India during a major constitutional change. The article also addresses the pending cases at the time of the Constitution’s enactment.

Key Features

– Judges of the Federal Court become judges of the Supreme Court.
– Pending cases in the Federal Court are transferred to the Supreme Court.
– Judgments from the Federal Court retain their legal standing after the Constitution’s commencement.
– Jurisdiction of His Majesty in Council continues under specific legal frameworks.
– Parliament can enact laws to implement provisions of this article.

Importance & Impact

– Judges’ transition ensures judicial continuity during constitutional changes
– Pending cases are resolved smoothly without creating a backlog
– The Supreme Court maintains authority over all transferred cases
– The article protects the rights of judges during the transition.
– It allows for continued appeals under the Privy Council’s jurisdiction.

Sample UPSC Question

Which of the following statements regarding Article 374 of the Indian Constitution is correct? Consider that: Article 374 of the Indian Constitution outlines the transition of judges from the Federal Court to the Supreme Court in the context of Article 374. A) It allows Federal Court judges to retain their positions. B) All pending cases in the Federal Court are moved to the High Courts. C) The Privy Council’s jurisdiction ends upon the Constitution’s commencement. D) Article 374 has undergone several amendments since 1950.

Answer

The correct answer is C. Article 374 specifies that the jurisdiction of the Privy Council ceases at the Constitution’s commencement, transferring all related appeals to the Supreme Court. Article 374 of the Indian Constitution outlines the transition of judges from the Federal Court to the Supreme Court.

Key Takeaways

✓ Judges transition from the Federal Court to the Supreme Court.
✓ Pending cases are handled by the Supreme Court.
✓ Federal Court judgments remain valid under the new Constitution.
✓ Privy Council jurisdiction exists under specific conditions
✓ Parliament can create laws related to Article 374 provisions.

FAQs

Article 374 of the Indian Constitution outlines the transition of judges from the Federal Court to the Supreme Court. This article specifically states that judges serving in the Federal Court prior to the Constitution’s commencement automatically become judges of the Supreme Court unless they choose otherwise. This transition ensures continuity in the judiciary and allows these judges to retain their salaries, allowances, and rights related to leave and pensions.

The Supreme Court is then tasked with hearing and deciding these matters as if they had originated there. By doing this, the article preserves the judicial process and ensures that there is no backlog of cases resulting from the change in the judicial structure. Additionally, Article 374 mentions the jurisdiction of His Majesty in Council, allowing for certain appeals to continue under specific legal conditions.

This means that any decisions made by this council before the Constitution’s commencement maintain their validity. However, the jurisdiction of the Privy Council in specified states ends with the Constitution’s commencement. All related appeals will be handled by the Supreme Court, ensuring that there is a single apex court for the country’s judicial system.

Related Articles

Picture of Pramod Editor-in-Chief

Pramod Editor-in-Chief

Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
Scroll to Top