Article 374 of the Indian Constitution addresses the transition of judicial functions from the Federal Court and the jurisdiction of His Majesty in Council to the newly established Supreme Court of India upon the commencement of the Constitution. This article outlines the status and entitlements of the judges from the Federal Court, as well as the transfer of pending suits, appeals, and proceedings. It also specifies the continued validity of His Majesty in Council’s jurisdiction under certain conditions and the cessation of jurisdiction of the Privy Council in certain states.
What does Article 374 ststes?
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, 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
(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 judgement, 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
Key Aspect of Article 374
- Transition from Federal Court to Supreme Court: Judges’ passage from the Federal Court to the Supreme Court of India is covered under Article 374(1). The Supreme Court of India was recently founded. It specifies that, unless they decide differently, the judges of the Federal Court who were in office immediately before the Constitution took effect will automatically become the judges of the Supreme Court. This clause guarantees the continuity of seasoned judges in the higher judicial branch throughout the transition.
- Judges’ benefits: As stated in Article 374(1), judges who move from the Federal Court to the Supreme Court are entitled to salaries, allowances, leaves of absence, and pension benefits under Article 125 of the Indian Constitution. By doing this, it is made sure that the new constitutional order clearly defines the terms and conditions of the judges’ employment.
- Transfer of Pending Cases: Article 374(2) handles the transfer of pending civil and criminal lawsuits, appeals, and other legal actions that were pending before the Federal Court at the time the Constitution was adopted. Unless the parties decide otherwise, the Supreme Court will automatically have jurisdiction over certain cases. This clause contributes to ensuring the smooth continuation of ongoing legal cases that fall under the purview of the newly created Supreme Court.
- Validity of His Majesty’s In Council’s Jurisdiction: Article 374(3) makes it clear that nothing in the Indian Constitution affects His Majesty’s In Council’s ability to decide on appeals and petitions from decisions, decrees, or orders of any court within Indian territory. However, a legal permit is required for this. After the Constitution’s implementation, any orders issued by His Majesty in Council are regarded as decisions made by the Supreme Court, thus transferring authority to the new high court.
- Cessation of Privy Council Jurisdiction: Article 374(4) declares that the Privy Council’s authority no longer has jurisdiction over the states included in Part B of the First Schedule of the Constitution. Appeals and cases that were ongoing before this authority at the time the Constitution was adopted are sent to the Supreme Court, which then rules on them. According to this clause, the Supreme Court will have exclusive appellate authority over the states included.
- Parliamentary Authority: Article 374(5) gives Parliament the authority to pass additional laws to help carry out the provisions of this article. This enables any modifications or extra steps to be made in order to guarantee the orderly transfer of judicial duties from the Federal Court and other bodies to the Supreme Court.