When India adopted its Constitution on 26th January 1950 it signified not just the beginning of a democratic republic but also a profound restructuring of legal institutions. A vital challenge at this juncture was preserving judicial continuity while transitioning from colonial structures. Here, under part 21,Article 374 of Indian Constitution played a central role.

Placed under Part XXI, titled “Temporary, Transitional and Special Provisions,” Article 374 of Constitution enabled the seamless absorption of pre-Constitution judicial systems into the post-independence legal framework. It dealt specifically with the Federal court of India 1935, its judges, and pending legal proceedings.

The provision ensured that the transition did not disrupt legal proceedings and it preserved the dignity and continuity of the legal framework . This article thus became instrumental in India's legal continuity and in asserting its sovereign judicial identity .  Explore in-depth analysis of other Constitutional Articles .

Article 374 of Indian Constitution

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 provisions of this article.

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

Free Download PDF on Article 374 of Indian Constitution

The simplified understanding of Article 374 of Indian Constitution lies in its facilitation of a judicial bridge between pre- and post-independence India.

• Judges Transition: At the Constitution’s commencement, judges of the Federal Court in India automatically became judges of the Supreme Court unless they chose not to . This guaranteed a smooth handover of judicial responsibilities .
   
• Pay & Perks: These newly recognized Supreme Court judges were entitled to salaries, leave, and pensions under Article 125—ensuring parity and continuity of service benefits.
   
• Transfer of Cases: All pending civil and criminal cases in the Federal Court were seamlessly moved to the Supreme Court. The 374 article thereby empowered the Supreme Court with full jurisdiction to adjudicate on these matters.
   
• Binding Judgments: Past judgments of the Federal Court retained their legal force as if issued by the Supreme Court. This provision eliminated any confusion about the validity of previous decisions.

In effect art 374 safeguarded the legal rights of individuals and the authority of existing court rulings while aligning India’s judicial system with its new constitutional ideals .

Key Features

To deepen the understanding of this transitional provision, here are the core highlights of Article 374 of Constitution:

• Judges of the Federal Court: Upon the Constitution’s enforcement, judges from the federal court of India 1935 automatically became Supreme Court judges unless they opted out.
   
• Salaries and Allowances: They received compensation and benefits as per Article 125—equivalent to all other Supreme Court judges .
   
• Pending Proceedings : All civil, criminal suits, appeals and proceedings pending in the Federal Court were transferred to the Supreme Court.
   
• Supreme Court Jurisdiction: The Supreme Court obtained full jurisdiction over these transferred matters, emphasizing the legal strength of the new institution.
   
• Force of Judgments: All judgments delivered by the Federal Court before the Constitution’s enactment were given full authority as if passed by the Supreme Court.

These provisions strengthened the legal foundation of the country during its transition.

Article 374 of Indian Constitution Landmark Judgments

There are not much judgments relating to article 374 of Indian Constitution, few which are connected are explained as under-

Union of India v. Madan Gopal Kabra (1954): The only case strictly connected to Article 374 of Indian Constitution is Union of India v. Madan Gopal Kabra (1954). The Supreme Court held that judgments delivered by the Federal Court of India 1935 before the Constitution came into effect would have the same authority as Supreme Court rulings. This upheld the legal continuity intended by Article 374(2) and ensured that past decisions remained valid and binding after India’s judicial transition.

Article 374 of Indian Constitution Significance 

The real value of Article 374 of Constitution lies in its pivotal role during one of India’s most significant transitions .

• Judicial Continuity: At the heart of the article was the assurance that legal proceedings and authority would continue without interruption. This prevented chaos and maintained trust in the legal system.
   
• Institutional Integration : By integrating the federal court of india 1935 into the Supreme Court framework India avoided starting from scratch and preserved judicial expertise.
   
• Sovereign Assertion: The provision marked a formal shift from appeals being directed to the Privy Council in Britain, asserting India's judicial sovereignty.
   
• Legal Safeguards : Through the preservation of pending cases and judgments, Article 374 of Indian Constitution ensured that justice processes did not regress or stall due to administrative shifts.
   
• Foundation for Rule of Law: Together with article 364 and other transitional clauses, it helped uphold legal stability as India moved forward as a republic.

This article wasn’t merely administrative; it was a shield ensuring the judiciary’s sanctity during foundational change .

Article 374 of Indian Constitution Developments and Amendments

Article 374 of the Indian Constitution is unique in that it was framed for a specific historical scenario and has not required amendment since 1950.

• Pre-Constitutional Judicial System: Under the Government of India Act 1935, the federal court of india 1935 served as the top court for British India. The Constitution replaced this with the Supreme Court, necessitating provisions like art 374.
   
• Privy Council Abolition: While Article 364 of Constitution of India provided powers to manage the transition, article 374 4 legally terminated the British Privy Council’s authority in India. All such cases were now under the jurisdiction of the Supreme Court.
   
• No Amendments Needed: Because Article 374 of Constitution addressed one-time transitional matters, it has remained unchanged. Its precise language and timely relevance eliminated the need for future revisions.
   
• Legislative Clarity: Parliament was empowered to make laws to support the execution of this article’s clauses, but no major overhauls have been necessary.

In essence, Article 374 of Indian Constitution achieved its mission so effectively that it became a permanent pillar in India’s constitutional architecture, without the need for amendment.

Conclusion

In conclusion, Article 374 of Indian Constitution remains a testament to the thoughtful design and legal foresight of India’s constitutional framers. It ensured that the judiciary transitioned into the new Republic without disruption, preserving both the structure and substance of justice delivery.

By formally recognizing the judges of the Federal Court in India, transferring pending proceedings, and giving prior judgments continued legitimacy, Article 374 of the Indian Constitution reinforced stability during national upheaval. It also eliminated British oversight through the Privy Council, aligning with the larger goal of self-governance.

Alongside article 364, which enabled transitional powers to manage shifting responsibilities, 374 article served as a foundation stone for the effective functioning of India’s apex court.

Though its application was time-bound, its impact has been timeless. It exemplifies how intelligent constitutional planning can ease a country into democratic maturity without disrupting its legal roots.

For legal scholars, historians, and aspirants alike, Article 374 of Constitution is more than a transitional clause—it is a blueprint of how sovereignty and legality must align in nation-building.