Actual Article
Article 380: Provisions as to certain proceedings pending in the courts of Indian States
(1) All suits, appeals, and proceedings, civil or criminal, pending in any court of an Indian State immediately before the commencement of this Constitution shall, after such commencement, be heard and determined by the corresponding court in the territory of India.
(2) Any appeal or petition for leave to appeal from any judgment, decree, or order of any court of an Indian State, including any matter of the kind referred to in sub-section (2) of section 208 of the Government of India Act, 1935, pending immediately before the commencement of this Constitution before His Majesty in Council or any court, authority or officer in any part of India or outside India, shall, after such commencement, lie to the Supreme Court.
UPSC Notes for Article 380
Explanation:
- Transfer of Pending Cases: Article 380 deals with the transfer of all suits, appeals, and proceedings, both civil and criminal, that were pending in any court of an Indian State immediately before the commencement of the Constitution to the corresponding court in the territory of India.
- Appeals and Petitions: Appeals or petitions for leave to appeal from any judgment, decree, or order of any court of an Indian State, pending before His Majesty in Council or any other authority, will lie to the Supreme Court after the commencement of the Constitution.
Key Points:
- Continuity of Legal Proceedings: Ensures that pending legal cases are transferred and continued in the corresponding courts within India, maintaining judicial continuity.
- Supreme Court Jurisdiction: Centralizes the appellate jurisdiction with the Supreme Court for appeals and petitions that were pending before His Majesty in Council or other authorities.
- Judicial Transition: Facilitates the transition of judicial proceedings from the pre-constitutional era to the new constitutional framework, ensuring legal stability.
Important Cases and Commissions Related to Article 380
Cases:
- No landmark Supreme Court cases specifically interpreting Article 380, as it primarily deals 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 courts of Indian States to the corresponding courts in the territory of India.
Important Reports Related to Article 380:
- Law Commission Reports: Discuss the historical context and implications of transferring pending cases from the courts of Indian States to the new judicial system established by the Constitution.
Previous Year Prelims Questions Related to Article 380
- What does Article 380 of the Indian Constitution provide for?
A. Establishment of new courts in Indian States
B. Transfer of pending cases from the courts of Indian States to the corresponding courts in the territory of India
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 courts of Indian States to the corresponding courts in the territory of India - Under Article 380, to which court are appeals and petitions for leave to appeal from any judgment, decree, or order of any court of an Indian State transferred after the commencement of the Constitution?
A. The High Courts
B. The District Courts
C. The Supreme Court
D. The Parliament Correct Answer: C. The Supreme Court - According to Article 380, what happens to suits, appeals, and proceedings pending in any court of an Indian State immediately before the commencement of the Constitution?
A. They are dismissed
B. They are transferred to the corresponding court in the territory of India
C. They remain in the same court
D. They are transferred to the President Correct Answer: B. They are transferred to the corresponding court in the territory of India
Previous Year Mains Questions Related to Article 380
- Discuss the significance of Article 380 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 380 in managing appeals and petitions transferred from the courts of Indian States. How does this provision ensure a smooth transition and continuity in judicial proceedings?
- Analyze the impact of Article 380 on the functioning of the judiciary in India. How did this transitional provision facilitate the integration of pending cases into the new constitutional order?
Additional Insights:
- Judicial Stability: Article 380 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 appeals and petitions 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 380 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.