The Constitution of India
Article 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 provisions of this article.
Why this exists
When India became a republic on 26 January 1950, it needed a seamless changeover from colonial-era judicial institutions (the Federal Court and the Privy Council in London) to the new Supreme Court of India. Article 374 was a transitional provision ensuring judges kept their jobs, pending litigation wasn't lost or restarted, and appeals already in the pipeline to London or to Part B State authorities weren't left in legal limbo.
How courts read it
Courts have generally treated Article 374 as a straightforward transitional/saving provision, giving continuity to judgments and pending matters rather than creating new substantive rights. It is rarely litigated today since the transition period it addressed is long over, but early Supreme Court decisions relied on it to confirm that Federal Court judgments and pending Privy Council appeals retained full legal force after 1950.
Common misconceptions
- Myth: Article 374 abolished the Privy Council's power immediately everywhere in India.
Fact: It preserved already-authorized Privy Council jurisdiction over pending appeals (clause 3), while ending it specifically for Part B States' local equivalent authority (clause 4). - Myth: All Federal Court judges had no choice but to become Supreme Court judges.
Fact: Clause 1 allowed a judge to elect otherwise and not continue onto the Supreme Court.