Part XXI · Temporary, Transitional and Special Provisions
Article 376: Provisions as to Judges of High Courts
Text of Article 376
(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.
Words in [square brackets] were inserted or substituted by later amendments (see below). Source: Legislative Department, Ministry of Law and Justice, Government of India
A plain-English explanation of Article 376, landmark judgments and exam facts are being added to this page.
Amendment history
Changed by: 1st Amendment Act, 1951
- Added by the Constitution (First Amendment) Act, 1951, s. 13 (w.e.f. 18-6-1951).
More in Part XXI: Temporary, Transitional and Special Provisions · Constitution quiz