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, 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(b) determine the said question of law and return the case to the court from which it was withdrawn, together with a copy of its judgment on that question, and that court shall thereupon proceed to dispose of the case in conformity with such judgment.” (constitutionofindia.net)
🔑 Key Features
| Aspect | Details |
|---|---|
| Purpose | Ensure uniformity in constitutional interpretation and avoid conflicting judgments. |
| Trigger | A “substantial question of law” under the Constitution arises in a subordinate court case. |
| High Court’s Options | 1. Dispose of the entire case itself.2. Answer only the constitutional question and remit the case for disposal in line with its judgment. |
| Effect on Lower Courts | Upon remittal, the lower court must follow the High Court’s ruling on the constitutional issue. |
| Scope | Applies to any subordinate court under that High Court’s jurisdiction. |
| Legislative Modification | Parliament or State Legislature may alter or limit this power by law (subject to the Constitution). |
🧠Why It Matters
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Promotes consistency: Critical constitutional questions go directly to the High Court for definitive ruling.
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Speeds up justice: High Courts can clear up complex legal points without delaying the entire trial.
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Guides lower courts: By returning cases with binding constitutional interpretations, it ensures uniform application of the law.
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