Transfer of Certain Cases to High Court
Official heading: “Transfer of certain cases to High Court.”
- Source edition
- The Constitution of India (as on 1 May 2026)
- Source locator
- Part VI, Article 228, printed pages 106–107
- Last human source-link check
- Not yet checked
- Last human legal review
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1. In One Sentence
Article 228 mandates the High Court to withdraw and determine cases pending in subordinate courts that involve a substantial question of law as to the interpretation of the Constitution.
2. What It Means in Everyday Language
Article 228 ensures that constitutional questions of general importance are adjudicated by the State's highest constitutional court rather than by subordinate magistrates or civil judges.
Mandatory Transfer: If the High Court is satisfied that a case pending in a subordinate court involves a substantial question of law as to the interpretation of the Constitution whose determination is necessary for the disposal of the case, the High Court shall withdraw the case.
Two Options for Disposal: Upon withdrawing the case, the High Court may either: (a) dispose of the case itself completely; or (b) determine the constitutional question of law and return the case to the subordinate court with a copy of its judgment, directing the lower court to dispose of the suit in conformity with that constitutional ruling.
3. Practical Illustrative Example
In an ordinary civil contract dispute before a civil judge, the defendant challenges the constitutional validity of a newly amended State tenancy enactment.
4. Important Limits, Qualifications & Exceptions
Article 228 centralizes constitutional interpretation in the High Court.
- Mandatory withdrawal when constitutional question is necessary for case disposal.
- Prevents conflicting constitutional interpretations across subordinate courts.
- High Court can either decide the full case or remit with binding legal ruling.
- Parallels Supreme Court withdrawal powers under Article 139A.
5. Operative Constitutional Text
6. Sources & Historical Assembly Deliberations
Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.
- •Government of India (Legislative Department, Ministry of Law and Justice) • Part VI, Article 228, printed pages 106–107 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.