Part VI - The States • Article

Article 228 Simplified: Transfer of certain cases to High Court

Article 228 mandates that if a case pending in a subordinate court involves a substantial question of constitutional law, the High Court must withdraw the case. The High Court then either disposes of the entire case itself, or determines the constitutional question and returns the case to the lower court with its judgment to be resolved accordingly.

Official Text

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itself, or (b) determine the said question of law and return the case to the court from which the case has been so withdrawn together with a copy of its judgment on such question, and the said court shall on receipt thereof proceed to dispose of the case in conformity with such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

Simple Meaning

Explain Like Ten

If a small local court is handling a case that hinges on a major question about what the Constitution means, the High Court must pull that case up to itself. The High Court will then decide the constitutional question and either resolve the case or send it back for the local court to finish.

Student Mode

Article 228 mandates the transfer of cases from subordinate courts to the High Court if the case involves a 'substantial question of law as to the interpretation of this Constitution'. The High Court must withdraw the case and may either: (a) dispose of the entire case itself, or (b) determine the constitutional question and return the case with its judgment to the lower court to be completed.

Example

If a Sessions Court is hearing a property dispute where one party argues that a state municipal law is unconstitutional, the High Court will withdraw the case under Article 228. The High Court will rule on the constitutionality of the state law, and then send the case back to the Sessions Court to finalize the dispute based on that ruling.

Key Takeaway

Article 228 ensures that only the High Court can decide substantial questions of constitutional interpretation arising in lower courts, maintaining legal consistency.

FAQs

Is the transfer of a case under Article 228 discretionary or mandatory?

It is mandatory ('shall withdraw') if the High Court is satisfied that the case involves a substantial constitutional question necessary for disposing of the case.

What must the High Court do after determining the constitutional question?

It can either resolve the entire case itself or return the case to the lower court along with its judgment on the constitutional question.

Who determines if a constitutional question is 'substantial'?

The High Court itself must be satisfied that the case involves a substantial question of law regarding constitutional interpretation.

Quiz

When a case involving a substantial constitutional question is pending in a lower court, the High Court:

Answer: Must withdraw the case under Article 228

If the High Court returns a withdrawn case to the subordinate court after deciding the constitutional question, the lower court must:

Answer: Dispose of the case in conformity with the High Court's judgment