Article 376 required all High Court judges to be reappointed when the Constitution came into force.

It did the opposite — it automatically continued them in office, avoiding the need for reappointment, unless a judge chose not to continue.

This Article still matters for judges today.

Article 376 was a one-time transitional provision relevant only to the judges holding office in 1950; it has no application to judges appointed after that transition period.

The Constitution of India

Article 376

Provisions as to Judges of High Courts

(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.§

Why this exists

When India became a Republic on 26 January 1950, courts that existed under British provinces and princely states had to be smoothly converted into the High Courts of the new States. Article 376 was a transitional provision ensuring judicial continuity — sitting judges did not have to be reappointed or vacate office, avoiding disruption in the justice system during the changeover from colonial and princely rule to the new constitutional order.

Common misconceptions

Myth: Article 376 required all High Court judges to be reappointed when the Constitution came into force.
Fact: It did the opposite — it automatically continued them in office, avoiding the need for reappointment, unless a judge chose not to continue.
Myth: This Article still matters for judges today.
Fact: Article 376 was a one-time transitional provision relevant only to the judges holding office in 1950; it has no application to judges appointed after that transition period.