Home The Constitution Part VI Article 228A

Art. 228A Part VI: The States

(Repealed) Special Provisions as to Disposal of Questions Relating to Constitutional Validity of State Laws

Exact text — Constitution of India

[This Article, inserted by the 42nd Amendment, 1976 during the Emergency to require larger High Court benches and advance notice to state Advocates-General before a STATE law could be struck down as unconstitutional (making it structurally harder), was repealed by the 43rd Amendment, 1977, once the Emergency ended.]

In Plain English

What this Article actually means

The state-law counterpart to the also-repealed Article 144A — this provision similarly aimed to make it structurally harder for courts (here, specifically High Courts examining state laws) to exercise effective judicial review, requiring larger benches and specific procedural hurdles before striking down state legislation.

Why This Matters To You

How it shows up in everyday life

This is yet another example from the consistent Emergency-era pattern of judicial-review-constraining amendments that were specifically and deliberately reversed once democratic government resumed, restoring courts' normal, effective oversight capacity.

Read alongside this one

Art. 144a — (Repealed) Special Provisions as to Disposal of Questions Relating to Constitutional Validity of Central Laws

Frequently Asked

Quick answers about Article 228A

Do High Courts need a special large bench to strike down a state law today?

No — following this Article's repeal, ordinary bench-size rules (per each High Court's own roster practice) apply, without this Emergency-era procedural hurdle.

← PreviousArticle 228: Transfer of Certain Cases to High Court Next →Article 229: Officers and Servants and the Expenses of High Courts

The text above reproduces Article 228A 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.