सं Samvidhan

The Constitution of India

Article 374

Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council

Why this exists

When India became a republic on 26 January 1950, it needed a seamless changeover from colonial-era judicial institutions (the Federal Court and the Privy Council in London) to the new Supreme Court of India. Article 374 was a transitional provision ensuring judges kept their jobs, pending litigation wasn't lost or restarted, and appeals already in the pipeline to London or to Part B State authorities weren't left in legal limbo.

How courts read it

Courts have generally treated Article 374 as a straightforward transitional/saving provision, giving continuity to judgments and pending matters rather than creating new substantive rights. It is rarely litigated today since the transition period it addressed is long over, but early Supreme Court decisions relied on it to confirm that Federal Court judgments and pending Privy Council appeals retained full legal force after 1950.

Common misconceptions
  • Myth: Article 374 abolished the Privy Council's power immediately everywhere in India.
    Fact: It preserved already-authorized Privy Council jurisdiction over pending appeals (clause 3), while ending it specifically for Part B States' local equivalent authority (clause 4).
  • Myth: All Federal Court judges had no choice but to become Supreme Court judges.
    Fact: Clause 1 allowed a judge to elect otherwise and not continue onto the Supreme Court.