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Article 373, 374 of Constitution of India 1949

What is the Power of President to make order in respect of persons under preventive detention in certain cases? What are the Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council? Article 373 and 374 of Constitution of India, 1949

Power of President to make order in respect of persons under preventive detention in certain cases and Provisions as to Judges of the Federal Court and proceedings pending in the Federal Court or before His Majesty in Council are defined under Article 373 and 374 of Constitution of India 1949. Provisions under these Articles are:

 

 

Article 373 of Constitution of India "Power of President to make order in respect of persons under preventive detention in certain cases"

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 Parliament in those clauses there were substituted a reference to an order made by the President.

 

Article 374 of Constitution of India "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 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.

(5) Further provision may be made by Parliament by law to give effect to the provisions of this Article.

 

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