Transfer of certain cases to High Court
Article 228 — Transfer of certain cases to High Court
satisfied that a case pending in a court subordinate to it involves a substantial question of law as to the interpretation of this Constitution the determination of which is necessary for the disposal of the case, 2[it shall withdraw the case and *** may—]
- (a) either dispose of the case itself, or
- (b) determine the said question of law and return the case to the court from which the case has been so withdrawn together with a copy of its judgment on such question, and the said court shall on receipt thereof proceed to dispose of the case in conformity with such judgment.
228A. Special provisions as to disposal of questions relating to constitutional validity of State laws.].—Omitted by the Constitution (Fortythird Amendment) Act, 1977, s. 10 (w.e.f. 13-4-1978).
Plain English Summary
This article allows a High Court to take over a case from a lower court if the case involves a significant legal question about the interpretation of the Constitution. The High Court can either decide the case itself or settle the constitutional question and send the case back to the original court to be decided based on that ruling.
Key Points
- A case is transferred to a High Court only if it raises a substantial question of law regarding the interpretation of the Constitution.
- The High Court has two options: either decide the case or settle the constitutional question and send it back.
- If the High Court settles the legal question, the original court must follow that decision when disposing of the case.
Why It Matters
This mechanism ensures that important constitutional questions are handled by a higher judicial authority, ensuring consistent interpretation of the Constitution across the country.
Landmark Judgements
No major landmark judgements.