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PART VI THE STATES · CHAPTER V.— THE HIGH COURTS IN THE STATES

Article 228: Transfer of certain cases to High Court

The Constitution of India

If the High Court is 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, 1[it shall withdraw the case and 2*** 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(b) determine the said question of law and return the case to the court from which the case has been so withdrawn together with a copy of its judgment on such question, and the said court shall on receipt thereof proceed to dispose of the case in conformity with such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.

Footnotes in the official text

  1. 1.Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 41, for "it shall withdraw the case and may—" (w.e.f. 1-2-1977).
  2. 2.The words, figures and letter, "subject to the provisions of article 131A," omitted by the Constitution (Forty-third Amendment) Act, 1977, s. 9 (w.e.f. 13-4-1978).

Questions on this article

2 questions in 8 of our papers cite Article 228. Try these from the free papers:

  1. 1. A civil suit pending before a Civil Judge raises a substantial question of law as to the interpretation of the Constitution, and its decision is necessary for disposal of the suit. The High Court is satisfied of this. Under Article 228, the High Court:

Practise questions on Constitutional Law