THE DRAFT CONSTITUTION 257
THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 289
Judges of the 308. (1) The judges of the Federal Court holding
Federal office immediately before the date of commencement
Court to of this Constitution shall, unless they have elected
become otherwise, become on that date the judges of the
judges of the Supreme Court and shall thereupon be entitled to 5
Supreme such salaries and allowances and to such rights in
Court and respect of leave and pensions as are provided for
proceedings under article 104 of this Constitution in respect of
pending in the judges of the Supreme Court.
the Federal
Court or
(2) All suits, appeals and proceedings, civil or 10 before His criminal, pending in the Federal Court at the Majesty in commencement of this Constitution shall stand re- Counoil to be moved to the Supreme Court, and the Supreme transferred Court shall have jurisdiction to hear and determine to the the same and the judgments and orders of the 15 Supreme Federal Court delivered or made before the com- Court. mencement of this Constitution shall have the same
force and effect as if they had been delivered or made
by the Supreme Court.
*(3) On and from the date of commencement of 20
this Constitution the jurisdiction of His Majesty in
Council to entertain and dispose of appeals and
petitions from or in respect of any decree or order
of any court within the territory of India including
the jurisdiction in respect of criminal matters 25
exercisable by His Majesty by virtue of His
Majesty’s prerogative shall cease, and all appeals
and other proceedings pending before His Majesty
in Council on the said date shall be transferred to,
and disposed of, by the Supreme Court. 30
(4) Further provision may be made by Parlia-
ment by law to give effect to the provisions of this
article.
*The Committee thinks that all appeals and other proceedings
pending before His Majesty-in-Council shall be finally disposed of
by the time the Constitution comes into operation. If, however,
some appeals or other proceedings remain pending before His
Majesty-in-Council at the time of the commencement of the Consti-
tution and any difficulty is experienced with regard to their transfer
to, or disposal by, the Supreme Court, the President may pass
necessary orders under the “removal of difficulties” clause
(article 313).