📜 Article 228 of the Indian Constitution
Title: Transfer of certain cases to High Court
🔹 Bare Article Summary:
If a High Court believes that a pending case in any of its subordinate courts involves a substantial question of law related to the interpretation of the Constitution, it can:
Withdraw the case from the lower court.
Decide the case itself, or
Decide only the constitutional question and send the case back with its opinion.
🧠 Key Features of Article 228:
🔑 Aspect | ✅ Details |
---|---|
Who has the power? | High Court |
Applicable to which courts? | Any court subordinate to the High Court |
Condition for transfer | Case must involve a substantial question of constitutional interpretation |
What can High Court do? | 👉 Withdraw the case👉 Decide fully OR👉 Decide only the constitutional issue |
If case sent back | Lower court must follow the High Court's interpretation |
Purpose | Ensure uniform constitutional interpretation |
🏛️ Example:
A civil court in Uttar Pradesh hears a case where a law is challenged as violating the Constitution. If the Allahabad High Court finds that the constitutional issue is significant, it can withdraw the case to:
-
Either decide the entire matter, or
-
Just decide the constitutional question, and return the rest to the civil court to continue.
⚖️ Purpose and Importance:
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Maintains legal consistency on constitutional issues.
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Prevents conflicting interpretations by lower courts.
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Gives the High Court supervisory control over complex matters of law.
📌 Related Articles:
Article | Subject |
---|---|
226 | Writ jurisdiction of High Courts |
227 | Superintendence over subordinate courts |
228 | Transfer of constitutional question cases |
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