Part XXI - Temporary, Transitional and Special Provisions • Article

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

Article 374 managed the transition from the British-era judicial system to the new Supreme Court of India. It mandated that judges of the pre-independence Federal Court would automatically become Supreme Court judges. It also transferred all pending cases and appeals from the Federal Court and the British Privy Council (His Majesty in Council) to the newly formed Supreme Court of India.

Official Text

(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.

Simple Meaning

Explain Like Ten

This rule changed the old British 'Federal Court' into the new 'Supreme Court of India' in 1950. All the judges kept their jobs, and all ongoing court cases were transferred over so they could finish without starting over.

Student Mode

Article 374 governed the transition of the highest judiciary. Clause (1) declared that the Judges of the colonial Federal Court automatically became Judges of the Supreme Court of India. Clause (2) transferred all civil and criminal suits and appeals pending in the Federal Court to the Supreme Court. Clause (4) and (5) managed the abolishment of appeals to the British Privy Council (His Majesty in Council), routing all pending Indian judicial matters back to the Supreme Court.

Example

If a landlord had a pending land appeal in the colonial Federal Court in December 1949, that case did not start over in 1950. Under Article 374, it was automatically transferred to the newly created Supreme Court of India, which decided the case.

Key Takeaway

Governed the transition of judicial power by converting the colonial Federal Court and its judges into the Supreme Court of India and transferring all pending cases.

FAQs

What was the 'Federal Court'?

The Federal Court of India was established under the Government of India Act, 1935, and functioned from 1937 to 1950. It resolved disputes between provinces and heard appeals, acting as the predecessor to the Supreme Court of India.

Who became the first Chief Justice of India under this transition?

Justice Harilal Jekisundas Kania, who was the last Chief Justice of the Federal Court, automatically transitioned to become the first Chief Justice of the Supreme Court of India on January 26, 1950.

Quiz

Which court did the Supreme Court of India replace in January 1950 under Article 374?

Answer: The Federal Court of India

Who automatically became the first Chief Justice of the Supreme Court under the transition rules of Article 374?

Answer: Justice H.J. Kania