Article 228 of The Indian Constitution: Transfer of Cases To HC

Article 228: Transfer of certain cases to High Court

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(b) determine the said question of law and return the case to the court from which the case has been so withdrawn together with a copy of its judgment on such question, and the said court shall on receipt thereof proceed to dispose of the case in conformity with such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

Article 228A: ³[Special provisions as to disposal of questions relating to constitutional validity of State laws.]- Omitted by the Constitution (Forty-third Amendment) Act, 1977, s. 10 (w.e.f.13-4-1978).

1. Substituted by the 42^nd Constitutional Amendment Act, 1976, for “it shall withdraw the case and may—” (w.e.f. 1-2-1977).
2. The words, figures and letter “subject to the provisions of article 131A,” omitted by the 43^rd Constitution Amendment Act, 1977, (w.e.f. 13-4-1978).
3. Inserted by the 42^nd Constitutional Amendment Act, 1976, (w.e.f. 1-2-1977).

-Text in Constitution