Total Count

Subscribe Us

What is Article 228 of indian constitution

 

📜 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:

  1. Withdraw the case from the lower court.

  2. Decide the case itself, or

  3. 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:

  • Maintains legal consistency on constitutional issues.

  • Prevents conflicting interpretations by lower courts.

  • 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