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Article 228 Of Indian Constitution In English
Article 228 – Transfer of certain cases to High Court.
If the High Court is satisified 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(b) determine the said question of law and return the case to the court from which the case has been so withdrawn together with a copy of its judgment on such question, and the said court shall on receipt thereof proceed to dispose of the case in confirmity with such judgment.
Article 228 In English
228 Article – Transfer of certain cases to the High Court.
If the High Court is satisfied that the matter pending in a Court subordinate to it involves an important question of law relating to the interpretation of this Constitution, the determination of which is necessary for the disposal of the case, it may withdraw the case and be could.
(a) either dispose of the matter himself, or
(b) determine the said question of law and return the case to the court from which the case has been withdrawn along with a copy of its decision on such question, and the said court on receipt thereof, to dispose of the case Will move forward. Confirmation with such decision.
Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.
What Is Article 228 Of Indian Constitution?
In Article 228 you see “Transfer of certain cases to High Court” that means If the High Court is satisified 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. more above.
Article 228 Debate Summary
Draft Article 204 (Article 228) was debated on 7 and 8 June 1949. It regulated the power of the High Court to transfer cases to itself. A member questioned whether it was necessary for the High Court to mandatorily hear all the withdrawn cases thoroughly. He suggested that the Court should have the option to decide on an important question of law and then return it to a lower court for disposal in accordance with this decision.
The chairman of the drafting committee then proposed to replace the draft article entirely to provide this option to the High Court. Some members expressed concern over this amendment. One member argued that the draft article was unnecessary and would increase the cost and delay for the litigants.
A member of the Drafting Committee argued that the High Court would find it difficult to decide on an important question of constitutional law without adjudicating on other related questions of law. In the end the House decided to accept the amendment of the Chairman. The amended draft article was adopted on 8 June 1949.
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