Part VI · The States · Chapter V — The High Courts In The States
Article 228: Transfer of certain cases to High Court
Text of Article 228
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, [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(b) determine the said question of law and return the case to the court from which the case has been so withdrawn together with a copy of its judgment on such question, and the said court shall on receipt thereof proceed to dispose of the case in conformity with such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.
Words in [square brackets] were inserted or substituted by later amendments (see below). Source: Legislative Department, Ministry of Law and Justice, Government of India
A plain-English explanation of Article 228, landmark judgments and exam facts are being added to this page.
Amendment history
Changed by: 42nd Amendment Act, 1976, 43rd Amendment Act, 1977
- 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).
- 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).
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