Article 376

Transition of Pre-Constitution High Court Judges and Colonial Chief Justices

Official heading: “Provisions as to Judges of High Courts”

Check this article against the official editionAwaiting human legal review

Source edition: The Constitution of India (as on 1 May 2026)
Source locator: Part XXI, Article 376, printed pages 248–249
Last human source-link check: Not yet checked
Last human legal review: Not yet reviewed

Open official PDF at this article Report a text or source error

AI-assisted source comparisons are noted with the citations below; the check date remains pending until a human confirms the link. The report link opens your email app; you choose whether to send it.

1. In One Sentence

Provided that sitting Judges of provincial High Courts became High Court Judges under the Constitution, with special allowances and citizenship exemptions for colonial incumbents.

2. What It Means in Everyday Language

Article 376 provided for the continuation of High Court Judges across all provinces of India upon constitutional commencement.

Under clause (1), sitting provincial High Court Judges became Judges of the corresponding State High Courts and were entitled to salaries and pensions under Article 221.

The First Constitutional Amendment Act, 1951 added an important clarification to clause (1): sitting Judges who were not citizens of India (British judges who chose to remain in service during the transition) were protected and could be appointed as Chief Justices or transferred to other High Courts.

Clauses (2) and (3) made corresponding transitional provisions for High Court Judges in former princely states (Part B States).

3. Practical Illustrative Example

Everyday Scenario:

In 1950, a British judge serving on the Madras High Court continued presiding on the bench and was later elevated as Chief Justice.

Core takeaway: Article 376(1) (as amended by the 1st Amendment) allowed experienced sitting colonial judges to continue serving on Indian High Courts.

Illustrative Notice: All future High Court appointments made after commencement had to satisfy the citizenship criteria of Article 217.

4. Important Limits, Qualifications & Exceptions

Article 376 preserved judicial bench continuity across provincial High Courts.

High Court continuity: Provincial judges automatically became constitutional High Court judges.
First Amendment citizenship exception: Permitted non-citizen incumbent judges to be appointed Chief Justices.
Salary protection: Safeguarded tenure and pension entitlements.

5. Operative Constitutional Text

(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.

Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata

•
Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
Government of India (Legislative Department, Ministry of Law and Justice) • Part XXI, Article 376, printed pages 248–249 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource