Actual Article
Article 376: Provisions as to Judges of High Courts
(1) The Judges of a High Court holding office immediately before the commencement of this Constitution shall continue to hold office until the President appoints the Judges of the High Court in accordance with the provisions of this Constitution and every such Judge shall, on such commencement, be deemed to have been appointed to hold office by the President.
(2) A Judge of a High Court who, before the commencement of this Constitution, was appointed otherwise than in accordance with the provisions of this Constitution, shall, unless he resigns or otherwise vacates his office at any time before the expiration of a period of six months from such commencement, continue to hold office until the President appoints the Judges of the High Court in accordance with the provisions of this Constitution and every such Judge shall, on such commencement, be deemed to have been appointed to hold office by the President.
UPSC Notes for Article 376
Explanation:
- Continuance of High Court Judges: Article 376 ensures that the Judges of High Courts holding office immediately before the commencement of the Constitution will continue to hold office until the President appoints new Judges as per the new constitutional provisions.
- Appointment by the President: Judges already in office are deemed to have been appointed by the President, ensuring a seamless transition to the new judicial framework.
- Temporary Provision for Existing Judges: Judges appointed before the Constitution came into effect, who were not appointed as per the new constitutional provisions, will continue to hold office for six months or until the President makes new appointments, whichever is earlier.
Key Points:
- Judicial Continuity: Ensures the continuation of judicial functions without interruption during the transition to the new constitutional order.
- Seamless Transition: Provides a mechanism for existing Judges to continue their duties until new appointments are made under the new constitutional framework.
- Presidential Authority: Centralizes the authority for judicial appointments with the President, aligning with the new constitutional provisions.
Important Cases and Commissions Related to Article 376
Cases:
- No landmark Supreme Court cases specifically interpreting Article 376, as it primarily deals with transitional provisions for judicial appointments.
Commissions:
- Various Judicial Reforms Commissions: Have reviewed the transition and integration of the judiciary from the pre-constitutional era to the post-constitutional framework.
Important Reports Related to Article 376:
- Law Commission Reports: Discuss the historical context and implications of transitioning the judiciary to align with the new constitutional provisions.
Previous Year Prelims Questions Related to Article 376
- What does Article 376 of the Indian Constitution provide for?
A. Establishment of new High Courts
B. Continuance of High Court Judges in office
C. Powers of the President during an emergency
D. Special provisions for the State of Kerala Correct Answer: B. Continuance of High Court Judges in office - Under Article 376, who is responsible for appointing new Judges of the High Courts as per the new constitutional provisions?
A. The Prime Minister
B. The Chief Justice of India
C. The President
D. The Governor Correct Answer: C. The President - According to Article 376, how long can a Judge appointed before the commencement of the Constitution continue to hold office if not reappointed?
A. Indefinitely
B. Until the President appoints new Judges or six months from the commencement of the Constitution, whichever is earlier
C. For one year from the commencement of the Constitution
D. Until they choose to retire Correct Answer: B. Until the President appoints new Judges or six months from the commencement of the Constitution, whichever is earlier
Previous Year Mains Questions Related to Article 376
- Discuss the significance of Article 376 in ensuring the continuity of judicial functions during the transition to the new constitutional framework. How does this provision contribute to the stability of the judiciary in India?
- Evaluate the role of the President under Article 376 in appointing Judges of the High Courts. How does this provision ensure a seamless transition from the pre-constitutional to the post-constitutional judicial framework?
- Analyze the impact of Article 376 on the functioning of High Courts in India. How did this transitional provision facilitate the establishment of the new judicial order under the Indian Constitution?
Additional Insights:
- Judicial Stability: Article 376 plays a crucial role in ensuring judicial stability during the significant transition period following the commencement of the new Constitution.
- Appointment Continuity: By allowing existing Judges to continue in office until new appointments are made, it prevents any disruption in the judicial process.
- Historical Context: Reflects the importance of maintaining an effective judiciary while transitioning to a new constitutional framework, highlighting the foresight of the Constitution’s drafters in managing such a crucial aspect of governance.
Understanding Article 376 is crucial for UPSC aspirants as it provides insights into the constitutional provisions for maintaining judicial continuity and stability during the transition to the new constitutional framework. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the mechanisms ensuring the seamless transition and integration of the judiciary within the Indian Constitution.