IndiaIN

Article 376 of the Constitution of India

Article
376
Chapter
CHAPTER I.—L ANGUAGE OF THE UNION
Index row title
(1) Notwithstanding anything in clause (2) of article 217, the Judges of a High Court in any Provinceholding office immediately before the commencement ofthis Constitution shall, unless they have elected otherwise,become on such commencement the Judges of the HighCourt in the corresponding State, and shall thereupon beentitled to such salaries and allowances and to suchrights in respect of leave of absence and pension as areprovided for under article 221 in respect of the Judges ofsuch High Court.
Source document
India Constitution
Provision ID
e7d03486-61a7-461f-bd78-b402af4778cb

245 words

Verbatim text

article 217, the Judges of a High Court in any Provinceholding office immediately before the commencement ofthis Constitution shall, unless they have elected otherwise,become on such commencement the Judges of the HighCourt in the corresponding State, and shall thereupon beentitled to such salaries and allowances and to suchrights in respect of leave of absence and pension as areprovided for under article 221 in respect of the Judges ofsuch High Court. 1[Any such Judge shall, notwithstanding that he is not a citizen of India, be eligible for appointmentas Chief Justice of such High Court, or as Chief Justice orother 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 FirstSchedule holding office immediately before thecommencement of this Constitution shall, unless theyhave elected otherwise, become on such commencementthe Judges of the High Court in the State so specifiedand 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 expirationof such period as the President may by order determine.Courts, authoritiesand officers tocontinue tofunction subject tothe provisions ofthe Constitution. Provisions as to Judges of HighCourts. 1Added by the by the Constitution (First Amendment) Act, 1951, s. 13.THE CONSTITUTION OF INDIA (Part XXI. —Temporary, Transitional and Special Provisions .—Arts. 374—376.)264 (3) In this article, the expression “Judge” does not include an acting Judge or an additional Judge.

What this means

  • The index files this text under article 376 of the Constitution of India.
  • The index files it under the chapter heading “CHAPTER I.—L ANGUAGE OF THE UNION”.
  • The passage runs to about 245 words.
  • Read plainly, it mentions pay and pensions — it sets pay, salary, allowance or pension terms (the words used: “salaries”).

The row’s stored title is a body fragment, not a heading (“(1) Notwithstanding anything in clause (2) of article 217, the Judges of a High Court in any Provinceholding office immediately before the commencement ofthis Constitution shall, unless they have elected otherwise,become on such commencement the Judges of the HighCourt in the corresponding State, and shall thereupon beentitled to such salaries and allowances and to suchrights in respect of leave of absence and pension as areprovided for under article 221 in respect of the Judges ofsuch High Court.”), so it is not used as the provision’s title here.

The index gives this passage an article number but stores a body fragment where a heading would be, so the number could not be cross-checked against the text. Check it against the official Constitution before relying on it in a citation.

This is a mechanical reading aid generated from the text above by matching words in it. It is not legal advice, not a lawyer’s interpretation, and not a substitute for the provision itself.

How to cite this

Constitution of India, article 376, Portable Lawyer, https://www.portablelawyer.app/provision/e7d03486-61a7-461f-bd78-b402af4778cb (accessed 25 October 2026).

Canonical URL: https://www.portablelawyer.app/provision/e7d03486-61a7-461f-bd78-b402af4778cb

Accessed 25 October 2026.

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