Part XXI.—Temporary and Transitional Provisions.—Arts. 372A-374
(2) Nothing in clause (I) shall be deemed to prevent a competent legislature or other competent authority from repealing or amending any law adapted or modified by the President under the said clause.]
Power of President to make order in respect of persons under preventive detention in certain cases.
[१]373. Until provision is made by Parliament under clause (7) of article 22, or until the expiration of one year from the commencement of this Constitution, whichever is earlier, the said article shall have effect as if for any reference to Parliament in clauses (4) and (7) thereof there were substituted a reference to the President and for any reference to any law made by Parliament in those clauses there were substituted a reference to an order made by the President.
Provisions as to Judges of the Federal Court and proceedings pending and the Federal before Hi Majistrate in Council,
[२]374. The Judges of the Federal Court holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, become on such commencement the Judges of the Supreme Court and shall thereupon entitled to such salaries and allowances and to such rights in respect of leave of absence and pension as are provided for under article I25 in respect of the Judges of the Supreme Court.
(2) All suits, appeals and proceedings, civil or criminal pending in the Federal Court at the commencement of this Constitution shall stand removed to the Supreme Court, and the Supreme Court shall have jurisdiction to hear and determine the same, and the judgments and orders of the Federal Court delivered or made before the commencement of this Constitution shall have the same force and effect as if they had been delivered or made by the Supreme Court.
(3) Nothing in this Constitution shall operate to invalidate the exercise of jurisdiction by His Majesty in Council to dispose of appeals and petitions from, or in respect of, any judgment, decree or order of any court within the territory of India in so far as the exercise of such jurisdiction is authorised by law, and any order of His Majesty in Council made on any such appeal or petition after the commencement of this Constitution shall for all purposes have effect as if it were an order or decree made by the Supreme Court in the exercise of the jurisdiction conferred on such Court by this Constitution.
(4) On and from the commencement of this Constitution the jurisdiction of the authority functioning as the Privy Council in a State specified in Part B of the First Schedule to entertain and dispose of appeals and petitions from or in respect of any judgment, decree or order of any court within that State shall cease, and all appeals and other proceedings pending before the said authority at such commencement shall be transferred to, and disposed of by, the Supreme Court.
- ↑ Art. 373 shall not apply to the State of Jammu and Kashmir.
- ↑
In its application to the State of Jammu and Kashmir in art. 374.—
- (i) cls. (I), (2), (3) and (5) shall mitted;
- (ii) in cl. (4), the reference to the authority functioning as the Privy Council on State shall be construed as a reference to the Advisory Board constituted under the Jammu and Kashmir Constitution Act, I896, and refrance to the cominencement of the Constitution shall be construed as references to the commencement of the Constitution (Application to Jammu and Kashmir) Order, I95I, i.e.. the 14th May, I954
