Article 376 In English | Article 376 Of Indian Constitution In English | What Is Article 376

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Article 376 Of Indian Constitution In English

Article 376 – Provisions as to Judges of High Courts.
(1) Notwithstanding anything in this clause ( 2 ) of Article 217, the Judges of a High Court in any Province holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the Judges of the High Court in the corresponding State, 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 221 in respect of the Judges of such High Court Any such Judge shall, notwithstanding that he is not a citizen of India, be eligible for appointment as Chief Justice of such High Court, or as Chief Justice or other Judge of any other High Court.

(2) The Judges of a High Court in any Indian State corresponding to any State specified in Part B of the First Schedule holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the Judges of the High Court in the State so specified and shall, notwithstanding anything in clauses ( 1 ) and ( 2 ) of Article 217 but subject to the proviso to clause ( 1 ) of that article, continue to hold office until the expiration of such period as the President may by order determine In this article, the expression Judge does not include an acting Judge or an additional Judge.

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Article 376 In English

376 Article – Provisions as to Judges of High Courts.
(1) Notwithstanding anything contained in this clause (2) of article 217, the judges of a High Court in any province holding office immediately before the commencement of this Constitution, unless they are otherwise elected, On such commencement the judges of the higher will become. Court in the State concerned, and shall hereafter be entitled to such pay and allowances and such rights in respect of leave of absence and pension as are conferred in respect of Judges of such High Court under Article 221, any such Judge, Notwithstanding that he is not a citizen of India, be eligible for appointment as the Chief Justice of such High Court or as the Chief Justice or other Judge of any other High Court.
(2) Judges of a High Court in any Indian State corresponding to any State referred to in Part B of the First Schedule hold office immediately before the commencement of this Constitution, unless they are otherwise elected, Judges on such commencement shall become a High Court in the State so specified and notwithstanding anything contained in clauses (1) and (2) of article 217, but subject to the provision of clause (1) of that article, until the expiration of such period such as the President may, by order, determine in this article, the expression judge does not include an acting judge or an additional judge.

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 376 Of Indian Constitution?

Article 376 Debate Summary

The draft Article 310 (Article 376 of the Constitution of India) was discussed in the Constituent Assembly on 10 October 1949. This transitional provision ensured that those who were judges of provincial high courts would continue to be judges of the same high courts. States after the coming into force of the Constitution. They will also be entitled to salary, allowances, leave and pension as provided under Article 197 of the Draft Constitution.

One member did not see the need for such a provision: it was clear that the judges of the Provincial High Courts would continue to be judges of the same High Courts even after the Constitution came into force. There is no such provision for other government officials, he said. He suggested that the ulterior motive of this provision was to reduce the salaries of the existing High Court judges. He introduced an amendment to keep the salary, allowances, leave and pension of these judges the same as they were before the Constitution came into force.

The Chairman of the Drafting Committee argued that the member’s amendment was more relevant to Schedule II of the draft Constitution, which lays down the salaries, allowances etc. of High Court judges in detail.

An amendment was introduced by the Chairman of the Drafting Committee to add that the judges of the High Courts in the princely states would also continue to be judges in the High Courts of the respective states after the Constitution came into force. The Assembly adopted the amended draft article on 10 October 1949 by the Chairman of the Drafting Committee.

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