Actual Article
Article 379: Provisions as to certain proceedings pending in the Supreme Court
Until the Supreme Court in its discretion otherwise directs, 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.
UPSC Notes for Article 379
Explanation:
- Transfer of Pending Cases: Article 379 provides for the transfer of all suits, appeals, and proceedings that were pending in the Federal Court immediately before the commencement of the Constitution to the Supreme Court.
- Supreme Court’s Jurisdiction: Grants the Supreme Court the authority to hear and determine these transferred cases unless it decides otherwise.
Key Points:
- Continuity of Legal Proceedings: Ensures that pending legal cases are not disrupted by the transition to the new constitutional framework.
- Supreme Court Authority: Centralizes the authority to manage these cases with the Supreme Court, ensuring consistency in judicial proceedings.
- Judicial Transition: Facilitates a smooth transition from the Federal Court to the Supreme Court, maintaining the integrity of the judicial process.
Important Cases and Commissions Related to Article 379
Cases:
- No landmark Supreme Court cases specifically interpreting Article 379, as it deals primarily with transitional provisions related to the transfer of pending cases.
Commissions:
- Various Judicial Commissions: Have reviewed the transition and integration of judicial proceedings from the pre-constitutional era to the post-constitutional framework.
Important Reports Related to Article 379:
- Law Commission Reports: Discuss the historical context and implications of transferring pending cases from the Federal Court to the Supreme Court.
Previous Year Prelims Questions Related to Article 379
- What does Article 379 of the Indian Constitution provide for?
A. Establishment of new courts
B. Transfer of pending cases from the Federal Court to the Supreme Court
C. Powers of the President during an emergency
D. Special provisions for the financial administration of States Correct Answer: B. Transfer of pending cases from the Federal Court to the Supreme Court - Under Article 379, who has the jurisdiction to hear and determine the suits, appeals, and proceedings pending in the Federal Court before the commencement of the Constitution?
A. The High Courts
B. The Supreme Court
C. The District Courts
D. The Parliament Correct Answer: B. The Supreme Court - According to Article 379, can the Supreme Court choose not to hear a transferred case from the Federal Court?
A. Yes, at its discretion
B. No, it must hear all transferred cases
C. Only with the approval of the President
D. Only with the approval of the Chief Justice of India Correct Answer: A. Yes, at its discretion
Previous Year Mains Questions Related to Article 379
- Discuss the significance of Article 379 in ensuring the continuity of legal proceedings during the transition to the new constitutional framework. How does this provision contribute to the stability of the judicial process in India?
- Evaluate the role of the Supreme Court under Article 379 in managing transferred cases from the Federal Court. How does this provision ensure a smooth transition and continuity in judicial proceedings?
- Analyze the impact of Article 379 on the functioning of the Supreme Court and the judicial system in India. How did this transitional provision facilitate the integration of pending cases into the new constitutional order?
Additional Insights:
- Judicial Stability: Article 379 ensures judicial stability by allowing pending cases to continue without interruption during the transition to the new constitutional framework.
- Supreme Court’s Central Role: By transferring pending cases to the Supreme Court, the article reinforces the central role of the Supreme Court in the Indian judicial system.
- Historical Context: Reflects the importance of maintaining the continuity of judicial proceedings, ensuring that justice is not delayed or denied due to the constitutional transition.
Understanding Article 379 is crucial for UPSC aspirants as it provides insights into the constitutional provisions for maintaining the continuity and stability of judicial proceedings 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 effective functioning of the judiciary within the Indian Constitution.