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

Last Updated on Apr 11, 2025
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Overview

Name of the Article

Article 228 - Transfer of certain cases to High Court

Part of the Constitutional Article

Part VI

Article 228 plays an important role under Part VI of the Constitution. Article 228 of Indian Constitution grants the High Court the power to withdraw cases from subordinate courts if they involve substantial constitutional questions. It ensures that legal matters requiring constitutional interpretation are acknowledged by a higher judiciary with the necessary expertise. By enabling the High Court to decide on constitutional issues, Article 228 upholds judicial uniformity and ensures the proper application of constitutional principles in legal proceedings. Explore in-depth analysis of other Constitutional Articles.

Article 228 of Indian Constitution

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 de termination 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(b) determine the said question, of law and return the case to the court from which the case has been so withdrawn together with a copy of its judgment on such question, and the said court shall on receipt thereof proceed to dispose of the case in conformity with such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.

Note: “The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders.”

Simplified Interpretation of Article 228 of Indian Constitution

According to Article 228 of Indian Constitution if a case in a subordinate court involves a substantial question of law, the High Court can transfer the case to itself. After withdrawal, the High Court has two options:

  1. Decide the matter itself and adjudicate a final verdict
  2. Analyse the constitutional question and remand back the case to the subordinate court, which must then resolve the case based on the interpretation of the High Court

Article 228 lets the High Court clarify important constitutional issues. It also allows lower courts to keep dealing with other legal matters.

Relevance of Article 228 of Indian Constitution

Article 228 of Indian Constitution prescribes that cases involving major constitutional queries are adjudicated by the High Court which has the relevant expertise and authority. The proviso aids in maintaining judicial consistency but also improves the efficiency of case management. The important aspects of its significance are as follows -

  • It ensures that important matters are interpreted by the High Court and maintains uniformity in judicial decisions.
  • It permits the High Courts to manage critical constitutional issues without overburdening them with the entire matter.
  • Article 228 of Indian Constitution helps the lower courts to apply constitutional principles correctly by providing authoritative rulings.
  • The provision enhances the monitoring role of the High Court over the lower courts.

Landmark Case related to Article 228 of Indian Constitution

Article 228 of Indian Constitution empowers the High Court to transfer cases from subordinate courts in case they involve a substantial question of constitutional law. However, this provision cannot be invoked for routine legal or procedural matters. The following case highlights the application and limitations of Article 228.

Background of the Case of Yogesh Kumar vs. The Court of Special Judge Bareilly

In this case, the Petitioner, Yogesh Kumar was charged under Sections 7, 13(1)(d), and 13(2) of the Prevention of Corruption Act. He sought the transfer of his case to a higher court under Article 228 of Indian Constitution. He contended that it involved a substantial constitutional question.

Observations of the Allahabad High Court

The Allahabad High Court held that if the Petitioner contended any violation of the Indian Penal Code or Criminal Procedure Code he had alternative legal remedies:

  • File a petition before the High Court under Article 226 of Indian Constitution
  • Approach the Supreme Court under Article 32 or
  • Seek relief under Section 482 of Criminal Procedure Code for quashing proceedings.

Decision of the Allahabad High Court

The High Court held that the plea of the Petitioner was based on procedural issues rather than a substantial constitutional question. Article 228 of Indian Constitution is applicable only to cases requiring constitutional interpretation. In this case, the High Court declined to interfere under this provision. The case reaffirmed that Article 228 cannot be invoked for routine legal or procedural matters.

Conclusion

Article 228 of Indian Constitution ensures uniformity. It gives High Courts the power to decide key constitutional issues. It balances judicial proficiency and constitutional interpretation, providing that complex legal matters receive appropriate attention at the higher judicial level. Itt strengthens the legal framework and upholds the principles of justice and uniformity in Indian jurisprudence.

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FAQs about Article 228 of Indian Constitution

Article 228 grants the High Court the power to withdraw cases from subordinate courts if they involve substantial questions of constitutional law.

The High Court can invoke Article 228 when a case pending in a subordinate court raises a substantial constitutional question that is essential for the resolution of the case.

Once the High Court withdraws a case, it may either adjudicate the entire matter or confine its decision to the constitutional question involved.

No, Article 228 is meant exclusively for cases involving significant constitutional questions.

Yes, Article 228 can be applied in criminal cases if they involve a substantial constitutional question.

Article 228 plays a crucial role in maintaining constitutional uniformity and judicial consistency.
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