Constitution Section 376 — Provisions as to Judges of High Courts
Part XXI — TEMPORARY, TRANSITIONAL AND — SPECIAL PROVISIONS
Constitutional
Summary
This section deals with what happened to High Court judges when the Constitution came into effect. Judges who were serving in a High Court in a province before the Constitution automatically became judges of the High Court in the corresponding state, unless they chose otherwise. They then received the same salary, allowances, leave, and pension rights as other judges of that High Court, and even if they were not Indian citizens, they could still become Chief Justice of that High Court or a judge or Chief Justice of any other High Court. For judges in High Courts of Indian States that became Part B states, they also automatically became judges of the corresponding state High Court and continued in office for a period set by the President, unless they chose otherwise. The term "Judge" in this section does not include acting or additional judges.
Official 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.