Constitution 374 — Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council

The Constitution of India, 1950

Statutory text

(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 stand removed to
the Supreme Court, and the Supreme Court shall have jurisdiction to hear and
determine the same, and the judgments and orders of the Federal Court delivered
or made before the commencement of this Constitution shall have the same force
and effect as if they had been delivered or made by 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 judgment, 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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