Temporary, transitional and special provisions.
374. Provisions as to Judges of the Federal Court and proceedings pending in the Federal
Court or before His Majesty in Council.-
(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 provisons of this article.