Actual Article
Article 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 deemed to have been appointed under clause (2) of Article 124 to that Court.
(2) All suits, appeals, and proceedings, civil or criminal, pending in the Federal Court immediately before 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.
(3) Any appeal or petition for leave to appeal from any judgment, decree, or order of any court or tribunal in the territory of India, pending before His Majesty in Council immediately before the commencement of this Constitution, shall, on such commencement, stand transferred to the Supreme Court and shall be disposed of by the Supreme Court in the exercise of the jurisdiction conferred on it by this Constitution.
(4) Effect shall be given to the orders of the Federal Court and of His Majesty in Council, as if they were the orders of the Supreme Court or of the corresponding court in the territory of India, as the case may be.
UPSC Notes for Article 374
Explanation:
- Transition of Judges: Judges of the Federal Court, holding office immediately before the commencement of the Constitution, would become Judges of the Supreme Court, unless they opt otherwise.
- Pending Proceedings: All pending suits, appeals, and proceedings in the Federal Court would be transferred to the Supreme Court.
- Transferred Appeals: Appeals or petitions pending before His Majesty in Council would be transferred to the Supreme Court.
- Continuity of Orders: Orders from the Federal Court and His Majesty in Council would be given effect as if they were orders of the Supreme Court or corresponding Indian courts.
Key Points:
- Judicial Transition: Ensures a smooth transition of the judiciary from the Federal Court to the Supreme Court.
- Jurisdiction Continuity: Maintains continuity in legal proceedings by transferring pending cases to the Supreme Court.
- Effectiveness of Orders: Ensures that orders made by the Federal Court and His Majesty in Council remain effective and are treated as orders of the Supreme Court.
Important Cases and Commissions Related to Article 374
Cases:
- No landmark Supreme Court cases specifically interpreting Article 374, as it deals primarily with transitional provisions during the commencement of the Constitution.
Commissions:
- Various Judicial Commissions: Have reviewed the transition and integration of the judicial system from the pre-constitutional era to the post-constitutional framework.
Important Reports Related to Article 374:
- Law Commission Reports: Discuss the historical transition of the judiciary and the integration of pre-constitutional legal proceedings into the Supreme Court framework.
Previous Year Prelims Questions Related to Article 374
- What does Article 374 of the Indian Constitution provide for?
A. Establishment of the Federal Court in India
B. Transition of Judges from the Federal Court to the Supreme Court
C. Powers of the President during an emergency
D. Special provisions for the State of Jammu and Kashmir Correct Answer: B. Transition of Judges from the Federal Court to the Supreme Court - Under Article 374, where are the pending suits, appeals, and proceedings in the Federal Court transferred?
A. The High Courts
B. The Supreme Court
C. The District Courts
D. The Parliament Correct Answer: B. The Supreme Court - According to Article 374, what happens to appeals pending before His Majesty in Council?
A. They are dismissed
B. They are transferred to the Supreme Court
C. They are transferred to the President of India
D. They remain with His Majesty in Council Correct Answer: B. They are transferred to the Supreme Court
Previous Year Mains Questions Related to Article 374
- Discuss the significance of Article 374 in the transition of the judiciary from the pre-constitutional era to the post-constitutional framework. How does this article ensure continuity in judicial proceedings?
- Evaluate the role of Article 374 in maintaining the effectiveness of orders passed by the Federal Court and His Majesty in Council. How does this provision impact the legal system in India?
- Analyze the impact of Article 374 on the integration of the Federal Court into the Supreme Court. How did this transitional provision facilitate the establishment of the Supreme Court as the apex judicial body in India?
Additional Insights:
- Judicial Integration: Article 374 plays a crucial role in integrating the pre-constitutional judiciary with the new constitutional framework, ensuring a seamless transition.
- Legal Continuity: By transferring pending cases and maintaining the effectiveness of existing orders, Article 374 ensures legal continuity and stability.
- Historical Context: Reflects the historical context of India’s transition from colonial rule to an independent constitutional democracy, highlighting the importance of maintaining judicial consistency.
Understanding Article 374 is crucial for UPSC aspirants as it provides insights into the constitutional provisions for ensuring a smooth transition of the judiciary and maintaining legal continuity during the establishment of the new constitutional framework. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the mechanisms ensuring judicial stability and integration within the Indian Constitution.