Constitution 376 — Provisions as to Judges of High Courts

The Constitution of India, 1950

Statutory text

(1) Notwithstanding
anything in 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.
(3) In this article, the expression “Judge” does not include an acting Judge
or an additional Judge.

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