Part VI · CHAPTER V.—THE HIGH COURTS IN THE STATES
Article 228 Transfer of certain cases to High Court.
This article lets a High Court pull a case up. Where a subordinate court case involves a substantial constitutional question, the High Court may withdraw the case and decide it itself. It may also deal with the rest of the case or send it back.
- 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case itself, or (b) determine the said question of law and return the case to the court from which the case has been so withdrawn together with a copy of its judgment on such question, and the said court shall on receipt thereof proceed to dispose of the case in conformity with such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.
What it means
Plain words summary of the article above. Not legal advice.
This article lets a High Court pull a case up. Where a subordinate court case involves a substantial constitutional question, the High Court may withdraw the case and decide it itself. It may also deal with the rest of the case or send it back.