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

Quick Summary (TL;DR)

Article 374 (Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council): Special, transitional, and regional development provisions under Part XXI.

In Simple Citizen Words

Article 374 ('Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council') is part of Part XXI (Temporary, Transitional and Special Provisions). It encompasses regional safeguards under the Article 371 series (Maharashtra/Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh/Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, Karnataka) as well as constitutional continuity of pre-1950 laws, courts, and institutions (Arts 372–392). Specifically: (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...

Key Constitutional Provisions

Constitutional Mandate (Art. 374): Directly codifies the legal rule for 'Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council' under Part XXI

Structured across 5 clause(s) with clear procedural conditions

Backed by independent judicial oversight of the Supreme Court to protect constitutional legality

Exceptions & Reasonable Restrictions

Under Article 372(1), all pre-Constitution laws continue in force only 'subject to the other provisions of this Constitution'—meaning any colonial-era law violating Fundamental Rights can be struck down under Article 13 (as in Navtej Singh Johar, 2018).

Why This Matters in Daily Life

Accommodates India's regional diversity and ensures seamless legal continuity from 1950 to the modern Republic.

Want deeper legal & historical context? Explore the official Bare Act or Supreme Court Precedents & CAD Debates:

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Sardar Vallabhbhai Patel & Dr. B. R. Ambedkar

Architects of Asymmetric Federalism & Legal Transition • October 13–17, 1949 & Subsequent Amendments

🏛️ Constituent Assembly Debates (1946–1949)

Core Constitutional Debate & Dilemma

Framing context for Article 374: Ensuring smooth legal transition from pre-1950 laws and courts (Arts 372–378) while accommodating unique regional, cultural, and developmental needs of frontier and newly integrated States (Art 371 series).

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"Unity in India does not mean uniformity that erases local heritage; our Constitution provides transitional continuity and tailored regional safeguards within one indivisible Republic."

Assembly Resolution & Final Synthesis

Constitutional resolution in Article 374: Enacted Part XXI (Articles 369–392) governing transitional legal continuity (Art 372) and regional state safeguards across the Article 371–371J series.

🏛️ Constitutional Significance: During the Constituent Assembly deliberations, Article 374 was codified as an integral pillar of India's constitutional governance.

Official Constitutional Text (Gazette Bare Act)

Authoritative statutory text as enacted and amended by Parliament • Clause-by-Clause Statutory Breakdown

India Code • Govt. of India Archive

Clause (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.

Clause (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.

Clause (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.

Clause (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.

Clause (5)

Further provision may be made by Parliament by law to give effect to the provisions of this article.

Public Domain & Statutory Authenticity Notice

Under Section 52(1)(q) of the Indian Copyright Act, 1957, the Constitution of India, Bare Acts of Parliament, Gazette Notifications, and Judicial Judgments of the Supreme Court and High Courts are in the Public Domain. Text is reproduced from the official Legislative Department, Ministry of Law & Justice, Government of India (India Code) archives.

Then vs Now: Constitutional Evolution & Visual Diff

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

🟢 Original 1950 Text Intact (Zero Textual Repeal) Baseline: Jan 26, 1950 → Today

ORIGINAL BASELINE (1950)

Enacted on 26 January 1950 by the Constituent Assembly of India. The foundational constitutional text of Article 374 (Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council) has remained intact since Day 1 without parliamentary deletion or repeal.

CURRENT ENFORCEABLE STATUS (TODAY)

100% Original 1950 Text Enforceable Today: Article 374 (Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council): Special, transitional, and regional development provisions under Part XXI.

Key Amendment Milestones & Textual Modifications

Original Enactment by the Constituent Assembly

Year 1950

Why it happened: Crafted by the Founding Fathers & Mothers with enduring constitutional clarity; its core text has stood untouched for over 75 years.

                                    Status: 🟢 Unchanged Since 26 January 1950 — Original Constitutional Mandate Preserved Intact                                

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Emergency Citizen Helplines

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

Official Constitutional Text (Gazette Bare Act)

Then vs Now: Constitutional Evolution & Visual Diff

Key Amendment Milestones & Textual Modifications