Article 228 of Constitution of India – Transfer of certain cases to High Court
Article 228 of Constitution of India deals with Transfer of certain cases to High Court
Original Text of Article 228 of Constitution of India
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, 2[it shall withdraw the case and 3 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(b) determine the said question of law and return the case to the court from which the case has been so withdrawn together with a copy of its judgment on such question, and the said court shall on receipt thereof proceed to dispose of the case in conformity with such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.
Questions related to Article 228 of Constitution of India
Article 228 empowers a High Court to withdraw a case from a subordinate court if it involves a substantial question of constitutional law, and decide the case itself or send it back after determining the question.
A case can be transferred if the High Court believes it involves a significant constitutional interpretation that a lower court is not competent to decide, as explained in Indian Kanoon resources.
The High Court can act on its own motion or upon a request from a party involved in the case, as permitted by the Articles of Indian Constitution.
Yes, Article 228 applies to both civil and criminal cases if they involve a substantial question of constitutional law and are pending in a court under the High Court’s jurisdiction.
You can visit Indian Kanoon to explore case laws, legal commentaries, and High Court rulings where Article 228 of the Indian Constitution has been applied.
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