Home The Constitution Part XXI Article 376

Art. 376 Part XXI: Temporary, Transitional and Special Provisions

Provisions as to Judges of High Courts

Exact text — Constitution of India

(1) 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 the High Court of that State...

In Plain English

What this Article actually means

The High Court-level equivalent of Article 374's Supreme Court transition provision — existing provincial High Court judges automatically became judges of the corresponding new State's High Court, maintaining judicial continuity at the state level too, unless a judge specifically opted otherwise.

Why This Matters To You

How it shows up in everyday life

This is why India's state High Courts, several of which trace their institutional history back well before 1950 (some to the 19th century), experienced a smooth transition of their sitting judges into the new constitutional framework rather than a disruptive reappointment process.

Read alongside this one

Art. 217 — Appointment and Conditions of Office of a High Court Judge

Frequently Asked

Quick answers about Article 376

Do any of India's High Courts predate the Constitution itself?

Yes — several, like the Calcutta, Bombay, and Madras High Courts, have institutional histories going back to the colonial era, and this Article specifically ensured their sitting judges' smooth transition into independent India's new constitutional structure.

← PreviousArticle 375: Courts, Authorities and Officers to Continue to Function Subject to the Provisions of the Constitution Next →Article 377: Provisions as to Comptroller and Auditor-General of India

The text above reproduces Article 376 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.