THE PLAIN-LANGUAGE GUIDE
What does this mean?
This transferred specified Federal Court judges, proceedings and related appeals into the new constitutional judicial system. It explains continuity rather than creating a present new general appeal route.
Temporary, transitional and State-specific arrangements, including legal continuity at commencement.
Why is this provision here?
Moving from the earlier constitutional order required continuity and temporary adaptation rules. The stated time limits and historical conditions prevent treating this as an indefinite general power.
Historical evidenceThis Article number belongs to the original constitutional framework, but its present wording may include later amendments or substitutions. A provision-specific original Assembly debate has not been verified here. The explanation of function above is editorial inference from the text, not an attributed single motive of the framers. The original draft-making archive is a research resource, not proof of a particular historical reason.
The explanation of purpose is an editorial reading of the provision. A drafting motive is attributed only where a linked historical source supports it.
Limits, exceptions & reading carefully
Educational summary of the linked source text. Exceptions, provisos, implementing laws and applicable judgments must be read before applying it to a real case.
Read the official constitutional text
374. Provisions as to Judges of the Federal Court and proceedings
pending in the Federal Court or before His Majesty in Council.—(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.
(3) Nothing in this Constitution shall operate to invalidate the exercise of
jurisdiction by His Majesty in Council to dispose of appeals and petitions from,
or in respect of, any judgment, decree or order of any court within the territory
of India in so far as the exercise of such jurisdiction is authorised by law, and any
order of His Majesty in Council made on any such appeal or petition after the
commencement of this Constitution shall for all purposes have effect as if it were
an order or decree made by the Supreme Court in the exercise of the jurisdiction
conferred on such Court by this Constitution.
(4) On and from the commencement of this Constitution the jurisdiction of
the authority functioning as the Privy Council in a State specified in Part B of the
First Schedule to entertain and dispose of appeals and petitions from or in respect
of any judgment, decree or order of any court within that State shall cease, and all
appeals and other proceedings pending before the said authority at such
commencement shall be transferred to, and disposed of by, the Supreme Court.
(5) Further provision may be made by Parliament by law to give effect to
the provisions of this article.
Extracted from the Legislative Department’s May 2026 edition. Page footnotes may refer to neighbouring provisions; check their markers in the PDF. Inclusion in this edition does not by itself establish commencement or judicial effect.
