Provisions as to Judges of High Courts

Quick Summary (TL;DR)

Article 376 (Provisions as to Judges of High Courts): Special, transitional, and regional development provisions under Part XXI.

In Simple Citizen Words

Article 376 ('Provisions as to Judges of High Courts') 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) Notwithstanding anything in clause (2) of article 217, the Judges of a High Court in any Province holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such...

Key Constitutional Provisions

Constitutional Mandate (Art. 376): Directly codifies the legal rule for 'Provisions as to Judges of High Courts' under Part XXI

Structured across 7 clause(s) with clear procedural conditions

Backed by independent judicial oversight of the High Courts 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 376: 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 376: 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 376 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)

Notwithstanding anything in clause (2) of article 217, the Judges of a High Court in any Province holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the Judges of the High Court in the corresponding State, 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 221 in respect of the Judges of such High Court. Any such Judge shall, notwithstanding that he is not a citizen of India, be eligible for appointment as Chief Justice of such High Court, or as Chief Justice or other Judge of any other High Court.

Clause (2)

The Judges of a High Court in any Indian State corresponding to any State specified in Part B of the First Schedule holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the Judges of the High Court in the State so specified and shall, notwithstanding anything in clauses (1) and (2) of article 217 but subject to the proviso to clause (1) of that article, continue to hold office until the expiration of such period as the President may by order determine.

Clause (3)

In this article, the expression “Judge” does not include an acting Judge or an additional Judge.

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 High Courts

🟢 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 376 (Provisions as to Judges of High Courts) has remained intact since Day 1 without parliamentary deletion or repeal.

CURRENT ENFORCEABLE STATUS (TODAY)

100% Original 1950 Text Enforceable Today: Article 376 (Provisions as to Judges of High Courts): 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                                

Article 375 Ask Nyaya Saarthi AI About This Article Article 377

Emergency Citizen Helplines

Provisions as to Judges of High Courts

Official Constitutional Text (Gazette Bare Act)

Then vs Now: Constitutional Evolution & Visual Diff

Key Amendment Milestones & Textual Modifications