Article 374 In English | Article 374 Of Indian Constitution In English | What Is Article 374

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Article 374 Of Indian Constitution In English

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 entitled to such salaries and allowances and to such rights in respect of leave of absence and pension as are provided for under Article 125 in respect of the Judges of the Supreme Court.

(2) All suits, appeals and proceedings, civil or criminal, pending in the Federal Court at 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 entitled to such salaries and allowances and to such rights in respect of leave of absence and pension as are provided for under Article 125 in respect of the Judges of the Supreme Court.
(3) Nothing in this Constitution shall operate to invalidate the exercise of jurisdiction by His Majesty in Council to dispose of appeals and petitions from, or in respect of, any judgement, decree or order of any court within the territory of India in so far as the exercise of such jurisdiction is authorised by law, and any order of His Majesty in Council made on any such appeal or petition after the commencement of this Constitution shall for all purposes have effect as if it were an order or decree made by the Supreme Court in the exercise of the jurisdiction conferred on such Court by this Constitution.

(4) On and from the commencement of this Constitution the jurisdiction of the authority functioning as the Privy Council in a State specified in Part B of the First Schedule to entertain and dispose of appeals and petitions from or in respect of any judgment, decree or order of any court within that State shall cease, and all appeals and other proceedings pending before the said authority at such commencement shall be transferred to, and disposed of by, the Supreme Court.
(5) Further provision may be made by Parliament by law to give effect to the provisions of this article.

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Article 374 In English

374 Article – Provisions as to Judges of the Federal Court and proceedings pending before Her Majesty in the Federal Court or in Council.
(1) Judges of the Federal Court holding office immediately before the commencement of this Constitution shall, unless otherwise elected, become Judges of the Supreme Court on such commencement and shall thereupon be entitled to such salaries and allowances and such rights. With respect to leave of absence and pension as provided under Article 125 in respect of Judges of the Court.
(2) All suits, appeals and proceedings, civil or criminal, pending in the Federal Court at the commencement of this Constitution, shall, unless otherwise elected, become Judges of the Supreme Court on such commencement and shall thereafter be entitled to such salary and Such rights in respect of allowances and leave of absence and pension as are conferred under Article 125 in respect of Judges of the Supreme Court.
(3) Nothing in this Constitution shall serve to invalidate the exercise of jurisdiction by Her Majesty for the disposal of appeals and petitions from any judgment, decree or order of any court within the territory of India. Whereas the exercise of such jurisdiction is authorized by law, and any order of Her Majesty in the Council on any appeal or petition after the commencement of this Constitution shall have effect for all purposes as if it were an order or decree made by the Supreme . Court in exercise of the jurisdiction conferred on such Court by this Constitution.
(4) The right of the authority to act as the Privy Council in the State referred to in Part B of the First Schedule, at the commencement of this Constitution and to consider and dispose of appeals and petitions in respect of any judgment, decree or The order of any court within that State shall stand terminated, and all appeals and other proceedings pending before the said authority at such commencement shall be transferred and disposed of in the Supreme Court.
(5) Further provision may be made by Parliament by law to give effect to the provisions of this article.

Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.

What Is Article 374 Of Indian Constitution?

Article 374 Debate Summary

The draft Article 308 (Article 374 of the Constitution of India 1950) was discussed in the Constituent Assembly on 10 October 1949.

This transitional provision states that judges of the Federal Court (established under the Government of India Act 1935) will automatically become judges of the Supreme Court of India after the new constitution comes into force. It transferred all pending proceedings in the Federal Court to the Supreme Court. In addition, the power to consider and dispose of appeals and petitions of the Privy Council (the highest judicial body during colonial rule) was transferred to the Supreme Court of India.

The chairman of the drafting committee introduced two amendments. The first gave the Privy Council time to deal with certain types of matters, including appeals, which could be pending before the Constitution even after it came into force. The purpose of the amendment is to reduce the hardship of the litigants. Second, abolished the Privy Councils that existed in the princely states and brought the High Courts in all these states under the Supreme Court of India.

One member felt that it was unnecessary to give more time to the Privy Council for disposal of appeals as there would be no Indian case pending in the Privy Council anyway. He argued that this provision is ‘too broad and includes hypothetical cases which do not exist’. Moreover, given such power to the Council, India would have become an independent republic with a functioning constitution, which he found strange. Another member said that if the Council were to have such powers in the country after the coming into force of the Constitution, it would be a disgrace to Indian independence.

The chairman of the drafting committee saw no substance in these protests. He stressed that the continued power of the Privy Council was necessary to dispose of pending appeals. Furthermore, he assured the members that there was no reason to feel humiliated, because after independence, the council would act only as an agent of the Constituent Assembly. The draft of the amended Article 308 was adopted as part of the Constitution on 10 October 1949 by the Chairman of the Drafting Committee.

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