Home The Constitution Part XXI Article 374

Art. 374 Part XXI: Temporary, Transitional and Special Provisions

Provisions as to Judges of the Federal Court and Proceedings Pending in the Federal Court or Before His Majesty in Council

Exact text — Constitution of India

(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...

In Plain English

What this Article actually means

This Article managed the seamless institutional transition from India's pre-1950 Federal Court (the highest court under the Government of India Act, 1935) to the new Supreme Court — existing Federal Court judges automatically became Supreme Court judges (unless they chose otherwise), and pending cases automatically transferred to the new Court, avoiding any judicial continuity gap.

Why This Matters To You

How it shows up in everyday life

This is why India's Supreme Court, established in 1950, wasn't literally starting from zero — it inherited both the personnel and the pending caseload of its institutional predecessor, ensuring judicial continuity through India's constitutional transition.

Read alongside this one

Art. 124 — Establishment and Independence of the Supreme Court

Frequently Asked

Quick answers about Article 374

Did every Federal Court judge automatically become a Supreme Court judge?

Yes, automatically, unless a judge specifically chose otherwise — this Article's transfer was the default, not something judges had to separately apply for.

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The text above reproduces Article 374 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.