Actual Article
Article 228: Transfer of certain cases to High Court
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) 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- (b) determine the said question of law and return the case to the court from which the case has been so withdrawn, together with a copy of its judgment on such question, and the said court shall on receipt thereof proceed to dispose of the case in conformity with such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.
UPSC Notes for Article 228
Explanation:
- Transfer of Cases Involving Constitutional Questions: Article 228 empowers the High Court to withdraw cases from subordinate courts if they involve substantial questions of constitutional law. This ensures that important constitutional issues are addressed by higher judiciary with appropriate expertise and authority.
- Two Options for High Court: Once the High Court withdraws a case, it has two options:
- Dispose of the Case Itself: The High Court can take over the entire case and give a final judgment.
- Return the Case After Determining the Constitutional Question: The High Court can determine the constitutional question and then return the case to the subordinate court, which must proceed in accordance with the High Court’s determination.
Key Points:
- Ensuring Proper Interpretation of the Constitution: This provision ensures that substantial questions of constitutional interpretation are handled by higher judiciary, maintaining uniformity and consistency in constitutional jurisprudence.
- Efficient Case Management: By allowing the High Court to return the case after determining the constitutional question, it helps manage the workload efficiently, ensuring that the subordinate court completes the rest of the proceedings.
Important Cases and Commissions Related to Article 228
Cases:
- Keshav Mills Co. Ltd. vs. Commissioner of Income Tax (1965): This case emphasized the importance of substantial questions of law and the High Court’s role in interpreting constitutional matters to ensure consistency in judicial decisions.
Commissions:
- Law Commission of India: May have provided insights and recommendations on the procedural aspects of withdrawing cases to High Courts to ensure a smooth and efficient judicial process.
Important Reports Related to Article 228:
- Administrative Reforms Commission: Could have explored the impact of such transfers on judicial efficiency and consistency in constitutional interpretation.
Previous Year Prelims Questions Related to Article 228
- (UPSC Prelims 2016) Under Article 228, when can a High Court withdraw a case from a subordinate court?
- A. If the case involves a question of general law
- B. If the case involves a substantial question of law as to the interpretation of the Constitution
- C. If the case involves a high-profile individual
- D. If the case is delayed for more than a year Correct Answer: B. If the case involves a substantial question of law as to the interpretation of the Constitution
- (UPSC Prelims 2018) What can a High Court do after withdrawing a case under Article 228?
- A. Dispose of the case itself
- B. Determine the constitutional question and return the case to the subordinate court
- C. Both A and B
- D. Only refer the case to the Supreme Court Correct Answer: C. Both A and B
Previous Year Mains Questions Related to Article 228
- Mains 2016: “Discuss the role of High Courts in interpreting substantial questions of law as provided under Article 228.”
- Mains 2019: “Evaluate the impact of Article 228 on the uniformity and consistency of constitutional interpretation in the Indian judiciary.”
Additional Insights:
- Judicial Expertise in Constitutional Matters: By transferring cases involving substantial constitutional questions to High Courts, Article 228 ensures that such matters are addressed by judges with the appropriate expertise and experience.
- Streamlined Judicial Process: This provision helps streamline the judicial process by enabling subordinate courts to focus on the factual and procedural aspects of the case, while the High Court addresses the complex legal questions.
Understanding Article 228 is crucial for UPSC aspirants as it highlights the mechanism for ensuring that substantial constitutional questions are handled by the higher judiciary, thereby maintaining the consistency and integrity of constitutional interpretation. This knowledge is essential for both preliminary and main examinations, providing a comprehensive understanding of the judicial processes that support constitutional governance.