Article 376 of the Costitution of India with Case law
Article 376 of the Constitution of India
Title: Provision as to Judges of the Supreme Court and High Courts
🧾 Summary of Article 376:
Article 376 deals with transitional provisions relating to judges of the Supreme Court and High Courts at the commencement of the Constitution (26 January 1950).
🔍 Key Points of Article 376:
| Clause | Explanation |
|---|---|
| 376(1) | Judges of the Federal Court of India who held office immediately before the Constitution came into force shall be deemed to be appointed as Judges of the Supreme Court. |
| 376(2) | Judges of the High Courts immediately before the Constitution commenced shall continue as judges of the respective High Courts under the new Constitution. |
| 376(3) | The term of office, conditions of service, and rights of such judges shall not be prejudiced by the transition. |
| 376(4) | Any existing privileges or protections enjoyed by the judges before the Constitution shall continue. |
🧑⚖️ Important Case Laws Related to Article 376:
🔹 S.P. Gupta v. Union of India, AIR 1982 SC 149
Discussed judges’ independence and tenure protection.
Reinforced that transitional arrangements under Article 376 cannot curtail judges’ security of tenure.
🔹 In Re: Special Reference No. 1 of 1998 (Second Judges Case), (1998) 7 SCC 739
Though primarily about appointments, the Court referenced Article 376’s role in continuity of judgeship and safeguarding judicial independence.
🔹 Shamsher Singh v. State of Punjab, AIR 1974 SC 2192
Affirmed that judges serving at the commencement of the Constitution continue with full rights.
Emphasized continuity and protection of judicial status under Article 376.
⚖️ Importance of Article 376:
| Purpose | Explanation |
|---|---|
| Judicial Continuity | Prevents disruption in the judiciary during transition from British India to Republic of India. |
| Protection of Judges | Ensures that judges’ tenure, service conditions, and rights remain intact. |
| Legitimizes Transition | Recognizes and confirms existing judges as part of the new constitutional framework. |
✅ Summary:
Article 376 is a transitional safeguard ensuring that judges holding office before the Constitution’s commencement continue their service without prejudice. It was crucial for establishing the judicial system in independent India without causing institutional disruption.
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