Temporary, transitional and special provisions.
376. Provisions as to Judges of High Courts.-
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._382[[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 immediatelty 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 additonal Judge.