Introduction

Article 374 of the Indian Constitution deals with the provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council. This article outlines the transitional arrangements for the establishment of the Federal Court of India and the transfer of pending cases from the Privy Council.

Background

Prior to the enactment of the Indian Constitution in 1950, the highest court of appeal for India was the Judicial Committee of the Privy Council in London. The Privy Council had the final authority to hear and decide on appeals from the Indian High Courts and other courts in India.

With the establishment of the Federal Court of India under the Government of India Act, 1935, the process of shifting the appellate jurisdiction from the Privy Council to the Federal Court began. Article 374 of the Indian Constitution further solidified this transition.

Provisions of Article 374

Article 374 consists of two main provisions:

1. Provisions as to Judges of the Federal Court

Under this provision, the Judges of the Federal Court who were in office immediately before the commencement of the Indian Constitution were to become Judges of the Supreme Court of India. The Chief Justice of the Federal Court would become the Chief Justice of India.

These Judges would continue to hold office under the same terms and conditions as before, unless altered by the President of India. This provision ensured the smooth transition of the judicial system and the preservation of the expertise and experience of the existing judges.

2. Proceedings pending in the Federal Court or before His Majesty in Council

This provision addresses the transfer of pending cases from the Federal Court and the Privy Council to the newly established Supreme Court of India.

All proceedings that were pending in the Federal Court at the time of the Constitution's commencement were to be transferred to the Supreme Court. Similarly, any proceedings pending before His Majesty in Council, which had not been heard before the commencement of the Constitution, were also to be transferred to the Supreme Court.

This ensured that the cases already in progress would not be disrupted by the transition and that the Supreme Court would have the authority to hear and decide on these matters.

Significance of Article 374

Article 374 played a crucial role in the establishment of the Supreme Court of India as the highest court of appeal in the country. It provided a smooth transition from the Federal Court and the Privy Council to the newly formed Supreme Court.

By transferring the pending cases to the Supreme Court, Article 374 ensured that the continuity of justice was maintained and that the cases were not left unresolved or delayed due to the change in the judicial system.

Furthermore, the provision regarding the Judges of the Federal Court ensured that the expertise and experience of these judges were retained in the newly formed Supreme Court. This helped in maintaining the quality and consistency of the judicial decisions.

Conclusion

Article 374 of the Indian Constitution played a crucial role in the establishment of the Supreme Court of India and the transition from the Privy Council to the Indian judiciary system. It ensured the smooth transfer of pending cases and the retention of experienced judges.

This provision has been instrumental in shaping the Indian judicial system and upholding the principles of justice and fairness. It stands as a testament to the commitment of the Indian Constitution in providing a robust and independent judiciary for the country.