Constitution of India, 1949
274.Provisions as to Judges of the Federal
Court and proceedings pending in the Federal Court or before His Majesty in
Council.-
(1) 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 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 125 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, unless they have elected otherwise, become on such
commencement the Judges of the Supreme Court 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 125 in respect of the Judges of
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 authorized 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.
(5) Further provision may be made by
Parliament by law to give effect to the provisions of this article.