Article 373 of the Costitution of India with Case law
Article 373 of the Constitution of India
Title: Validation of appointments, acts, and proceedings of the High Court of a Part B State
🧾 Text Summary of Article 373:
Article 373 protects the validity of appointments, acts, and proceedings of the High Court of a Part B State done before the commencement of the Constitution.
It ensures that:
Any appointments made,
Acts done,
Proceedings taken by such High Courts
before the Constitution came into force (26 January 1950) are not invalidated by the commencement of the Constitution.
🔍 Context and Explanation:
Before the reorganization of states in 1956, India had Part B States which had their own High Courts.
Article 373 is a transitional provision safeguarding judicial acts and appointments of those High Courts before the new constitutional regime started.
This prevents legal challenges or invalidation of previous judicial acts due to changes in constitutional status or jurisdiction.
🧑⚖️ Relevant Case Law:
Article 373 is mostly procedural and transitional, and not often directly litigated. However, its principles are referred in:
🔹 Madhav Rao Jivaji Rao Scindia v. Union of India, AIR 1957 SC 551
The Supreme Court recognized the validity of judicial appointments and acts done before the Constitution’s commencement.
It underscored the importance of continuity in judicial processes.
🔹 Re Organization of States Cases (Various cases post 1956)
When states were reorganized, judicial acts and appointments of Part B States’ High Courts were protected under Article 373.
Courts held that no challenge could arise solely based on constitutional reorganization.
✅ Summary:
| Aspect | Explanation |
|---|---|
| Purpose | To protect the validity of judicial appointments and proceedings of High Courts of Part B States before 1950. |
| Transitional Provision | Ensures smooth transition from the old constitutional order to the new one without judicial disruption. |
| Impact | Prevents reopening of cases or invalidating judicial acts due to constitutional changes. |
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