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| What is Article 374 of Indian constitution |
📜 Article 374 of the Indian Constitution
Title: Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council
🔎 Simplified Summary of Article 374:
Article 374 deals with the continuation of judicial authorities and pending proceedings from British India into the new Indian legal system after the Constitution came into force.
📘 Clause-wise Explanation:
| Clause | Description |
|---|---|
| Clause (1) | The Judges of the Federal Court (established under the Government of India Act, 1935) shall continue to serve as Judges of the Supreme Court of India, unless the President decides otherwise. |
| Clause (2) | All cases and proceedings pending before the Federal Court of India or Privy Council (in London) at the commencement of the Constitution shall be transferred to the Supreme Court of India. |
| Clause (3) | The President of India can make rules or orders for facilitating the transfer and continuation of these pending cases and judicial procedures. |
| Clause (4) | Any reference made to His Majesty in Council (Privy Council in London) in existing laws shall be deemed to refer to the Supreme Court of India. |
🏛️ Purpose:
-
Ensures a smooth judicial transition from colonial rule to the independent Indian judiciary.
-
Prevents disruption of legal processes that were underway at the time of independence.
🧾 Example:
-
A case pending in the Federal Court or Privy Council before 26 Jan 1950 was automatically continued in the Supreme Court of India.
Here is a flowchart of Article 374 of the Indian Constitution, showing how it handled the transition of judicial authority after independence:
📊 Flowchart: Article 374 – Judicial Transition from British India to Independent India
┌──────────────────────────────────────────────────┐
│ Article 374: Judicial Continuity Provision │
└──────────────────────────────────────────────────┘
│
▼
┌────────────────────────────────────────────┐
│ British-era Federal Court (under GOI Act) │
│ and Privy Council (UK-based highest court) │
└────────────────────────────────────────────┘
│
▼
┌────────────────────────────────────────────┐
│ Constitution Commenced on 26 Jan 1950 │
└────────────────────────────────────────────┘
│
▼
┌────────────────────────────────────────────┐
│ Clause (1): │
│ Judges of Federal Court continue as │
│ Judges of the Supreme Court (unless │
│ removed or reappointed by President) │
└────────────────────────────────────────────┘
│
▼
┌────────────────────────────────────────────┐
│ Clause (2): │
│ All pending cases in Federal Court or │
│ Privy Council transferred to Supreme Court │
└────────────────────────────────────────────┘
│
▼
┌────────────────────────────────────────────┐
│ Clause (3): │
│ President empowered to make rules/orders │
│ to ensure smooth case transfers and │
│ judicial continuity │
└────────────────────────────────────────────┘
│
▼
┌────────────────────────────────────────────┐
│ Clause (4): │
│ Any legal reference to "His Majesty in │
│ Council" now means "Supreme Court of India"│
└────────────────────────────────────────────┘
Here is a timeline of Article 374 of the Indian Constitution, showing the judicial transition from British rule to independent India:
📅 Timeline: Article 374 – Judicial Transition
| Year / Date | Event |
|---|---|
| 1935 | Government of India Act, 1935 establishes the Federal Court of India in Delhi. |
| 1 October 1937 | The Federal Court of India starts functioning as the highest court in British India (below Privy Council). |
| 15 August 1947 | India becomes independent. The Federal Court continues to function as the top court within India. Appeals still go to the Privy Council in London. |
| 26 January 1950 | Constitution of India comes into force. • Article 374: Ensures continuity of judges and pending cases. • Judges of the Federal Court become Supreme Court judges. • Pending appeals from Privy Council shift to Supreme Court. |
| 28 January 1950 | Supreme Court of India is inaugurated, replacing the Federal Court as the highest judicial authority in India. |
| 1950 onward | Article 374 provisions used to transfer pending cases, and update references in law (e.g., replacing "His Majesty in Council" with "Supreme Court"). |
| Present Day | Article 374 remains in the Constitution as a transitional historical provision, no longer actively used. |
✅ Key Purpose:
To ensure judicial continuity during India's transition from a British colony to a sovereign republic.
Here is a comparison chart between Article 374 and related articles that deal with the judiciary — especially Article 124, which establishes the Supreme Court of India.
📊 Comparison: Article 374 vs Article 124
| Feature / Aspect | Article 374 – Judicial Continuity | Article 124 – Supreme Court Establishment |
|---|---|---|
| Part of Constitution | Part XXI – Temporary & Transitional Provisions | Part V – The Union (Chapter IV: The Judiciary) |
| Focus | Transition from Federal Court (British era) to Supreme Court | Establishes the structure and composition of the Supreme Court |
| Purpose | Ensures continuity of judges and pending cases during shift to the new system | Creates the permanent apex judicial body of India |
| Judges | Judges of Federal Court continue as SC Judges unless changed by the President | Chief Justice and Judges of the Supreme Court to be appointed by the President |
| Pending Cases | All cases pending in Federal Court or Privy Council transferred to Supreme Court | No provision about pending cases; deals with functioning of SC after establishment |
| Presidential Power | President may issue orders to facilitate judicial transition | President appoints judges under constitutional framework |
| Duration / Scope | Temporary, only for transition post-1950 | Permanent, defines functioning of Supreme Court |
| Legal References Update | Replaces references of "His Majesty in Council" with "Supreme Court of India" | Not applicable |
| Current Relevance | Historical, no longer used | Active, still forms the core of Supreme Court structure |
🧾 Summary:
-
Article 374 handled the judicial shift from colonial to constitutional India.
-
Article 124 built the Supreme Court as a fresh and permanent institution of independent India.
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