Provisions as to Judges of High Courts
Article 376 — Provisions as to Judges of High Courts
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. 1[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.
Plain English Summary
This article deals with how the judges of High Courts in certain states were appointed when the Constitution came into effect. It also specifies that a judge, even if not an Indian citizen, can be appointed as the Chief Justice or another Judge of any High Court.
Key Points
- Judges of High Courts holding office before the Constitution started had to become the judges of the corresponding State upon commencement, unless they chose otherwise.
- These judges were entitled to the salaries, allowances, leave of absence, and pension provided for High Court Judges under Article 221.
- A person who is not an Indian citizen can still be eligible to be appointed as the Chief Justice or any other Judge of a High Court.
- The term "Judge" in this article does not include acting judges or additional judges.
Why It Matters
This article establishes the initial status and eligibility criteria for High Court judges regarding their positions and benefits when the Constitution was implemented.
Landmark Judgements
No major landmark judgements.