Article 228 Constitution of India: Transfer of certain cases to High Court

Category of Bare Act Name of the Act Year of Promulgation
Civil Laws The CONSTITUTION OF INDIA 1975
Act Number Enactment Date Chapter Number
36 1975-04-26 6
Chapter Title Ministry Department
The States Ministry of Law And Justice Department of Personnel and Administrative Reforms

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, 1[it shall withdraw the case and 2*** 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(b) Determine the said question of law and return the case to the court from which the case has been so withdrawn together with a copy of its judgment on such question, and the said court shall on receipt thereof proceed to dispose of the case in conformity with such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.

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1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 41, for “it shall withdraw the case and may-” (w.e.f. 1-2-1977)

2. The words, figures and letter “subject to the provisions of article 131A, “omitted by the Constitution (Forty-third Amendment) Act, 1977, s.9 (w.e.f. 13-4-1978).