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Constitution of India · Part VI: The States · Application of certain provisions relating to Supreme Court

Article 228: Transfer of certain cases to High Court

In plain words

If a High Court is satisfied that a case pending in a lower court involves a substantial question of law on interpreting the Constitution that must be decided to dispose of the case, it must withdraw the case. It can then decide the whole case itself, or decide the question and send the case back for the lower court to decide in line with its judgment.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Official text

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(b) determine the said question of law and return the case to the court from which the case has been so withdrawn together with a copy of its judgment on such question, and the said court shall on receipt thereof proceed to dispose of the case in conformity with such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. withdraw the case and may—" (w.e.f. 1-2-1977).

Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the article 228