Article 376 of Indian Constitution: Provisions as to Judges of High Courts.
Article 376 – Constitution Of India
(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.
Summary of Article 376 of Indian Constitution
⚖️ Article 376 – Transitional Provisions for High Court Judges
🔹 1. Judges in British Indian Provinces
- High Court Judges before 26 Jan 1950:
- Automatically became Judges of High Courts in corresponding States, unless they opted out.
- Entitled to salaries, leave, pension, etc., as per Article 221.
- Citizenship not required to continue or be appointed as Chief Justice/Judge in any High Court.
🔹 2. Judges in Indian States (Part B States)
- Judges of High Courts in Part B States (former princely states):
- Became Judges of the new High Courts on commencement of the Constitution, unless they opted out.
- Continued to hold office notwithstanding Article 217(1) & (2), but subject to its proviso.
- Term of office to be decided by the President through an order.
🔹 3. Scope
- The term “Judge” in this Article does not include:
- Acting Judges
- Additional Judges