Home The Constitution Part VI Article 228

Art. 228 Part VI: The States

Transfer of Certain Cases to High Court

Exact text — 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, 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case itself, or (b) determine the said question of law and return the case to the court from which the case has been so withdrawn together with a copy of its judgment on such question, and the said court shall on receipt thereof proceed to dispose of the case in conformity with such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.

In Plain English

What this Article actually means

This Article lets a High Court pull a case up from a subordinate court within its jurisdiction if it involves a substantial constitutional interpretation question — the High Court can either decide the whole case itself, or just resolve the specific constitutional question and send the case back to the lower court to finish, applying that ruling.

Why This Matters To You

How it shows up in everyday life

This is why genuinely significant constitutional questions arising in a lower court case get elevated to the High Court's attention, rather than being decided (potentially inconsistently across different lower courts) at that subordinate level.

Read alongside this one

Art. 139a — Transfer of Certain Cases

Frequently Asked

Quick answers about Article 228

Does the High Court always take over the entire case once it withdraws it?

Not necessarily — it has the option to just decide the specific constitutional question and send the rest of the case back to the original subordinate court for final disposal.

← PreviousArticle 227: Power of Superintendence Over All Courts by the High Court Next →Article 228A: (Repealed) Special Provisions as to Disposal of Questions Relating to Constitutional Validity of State Laws

The text above reproduces Article 228 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.