Article 374 of CoI : Article 374: Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council.

Explanation using Example

Example 1:

Scenario: Transition of Judges from Federal Court to Supreme Court

Situation: Justice Kumar was a judge in the Federal Court of India before the Constitution of India came into effect. With the commencement of the Constitution, Justice Kumar did not opt out of his position.

Application of Article 374(1): Justice Kumar automatically became a judge of the newly established Supreme Court of India. He is now entitled to the same salary, allowances, leave, and pension benefits as other Supreme Court judges under Article 125 of the Constitution.

Example 2:

Scenario: Pending Cases in the Federal Court

Situation: A civil case involving a property dispute between Mr. Sharma and Mr. Verma was pending in the Federal Court at the time the Constitution of India commenced.

Application of Article 374(2): The pending property dispute case is automatically transferred to the Supreme Court. The Supreme Court now has the jurisdiction to hear and determine the case. Any judgment or order previously m...

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