Part XXI: Temporary, Transitional and Special Provisions

Article 374: Provisions for Transition from Federal Court

Original Article:

Article 374 addresses the transition from the Federal Court to the Supreme Court, ensuring continuity in judicial proceedings and safeguarding the rights of Judges. The key provisions are:

• Judges of the Federal Court transition to the Supreme Court unless they opt otherwise.
• Pending cases in the Federal Court are transferred to the Supreme Court for resolution.
• The jurisdiction of His Majesty’s Council and Privy Council in Part B states ceases, with pending cases transferred to the Supreme Court.

Explanations:

Article 374 ensures seamless judicial transition post-independence, integrating the Federal Court and Privy Council structures into the newly established Supreme Court.

Clause-by-Clause Explanation:

Clause (1): Judges Transitioning to the Supreme Court

Federal Court Judges, unless they elect otherwise, become Supreme Court Judges with rights to salaries and pensions as per Article 125.

Clause (2): Transfer of Pending Cases

All cases pending in the Federal Court at the Constitution's commencement transfer to the Supreme Court.

Clause (3): Jurisdiction of His Majesty’s Council

Maintains the validity of decisions by His Majesty’s Council post-Constitution commencement, treating them as Supreme Court decisions.

Clause (4): Cessation of Privy Council Jurisdiction

The Privy Council’s jurisdiction in Part B states ceases, with cases transferred to the Supreme Court.

Historical Significance:

Article 374 underscores India's transition from colonial judicial structures to an independent judiciary, showcasing the importance of continuity during foundational years.

Real-life Examples:

Justice Harilal Jekisundas Kania, Chief Justice of the Federal Court, transitioned to become the first Chief Justice of the Supreme Court under Article 374.

Debates and Deliberations:

The Constituent Assembly emphasized the importance of maintaining judicial consistency and independence, highlighting Article 374 as a cornerstone for the judiciary's evolution.