Article 448 of the Costitution of India with Case law
Article 448 of the Constitution of India
Title: Transitional provisions regarding the appointment of Judges of High Courts
🧾 Text and Summary of Article 448:
Article 448 is a transitory provision related to the appointment and continuation of High Court judges at the commencement of the Constitution in 1950.
It allowed existing judges of High Courts under the Government of India Act, 1935, to continue in office as judges of the High Courts constituted under the new Constitution.
Also covered the appointment of temporary or additional judges during the transition.
Ensured continuity and legal stability of judiciary while transitioning from the colonial legal system to the new constitutional framework.
✅ Key Features:
| Feature | Details |
|---|---|
| Purpose | To allow existing High Court judges to continue without interruption after 1950 |
| Scope | Applied to judges appointed under the Government of India Act, 1935 |
| Effect | Prevented any vacuum or discontinuity in judiciary at the Constitutional commencement |
| Temporary | Relevant only during the early years after the Constitution came into force |
⚖️ Case Law:
Since Article 448 is a transitory provision that applied only around 1950, there are no recent or significant Supreme Court judgments specifically on Article 448.
However, the principles related to judicial appointments and continuation have been dealt with in broader judicial independence and appointments jurisprudence, for example:
🔹 S.P. Gupta v. Union of India (1981)
AIR 1982 SC 149
Though not about Article 448 directly, this case clarified judicial independence and procedures related to appointments of judges, which is an underlying theme in transitional provisions.
🔹 Supreme Court Advocates-on-Record Association v. Union of India (1993)
AIR 1994 SC 268
Reinforced the Collegium system of judicial appointments, building on the idea of maintaining independence and continuity of judiciary — principles that Article 448 supported during the transition.
📘 Related Provisions:
| Article | Subject |
|---|---|
| Article 217 | Appointment and conditions of the office of a Judge of a High Court |
| Article 124 | Appointment of Supreme Court Judges |
| Article 129 | Supreme Court to be a court of record |
| Article 448 | Transitional provision for High Court judges |
✅ Conclusion:
Article 448 was a temporary, transitional article ensuring that judges of High Courts appointed under pre-Constitution laws continued their tenure without interruption after the Constitution came into effect.
It helped maintain judicial continuity and stability during the transition from colonial rule to the Indian constitutional framework.
Since its purpose was limited to the early years post-1950, it no longer has practical application today.
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