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, 2[it shall withdraw the case and
3
*** 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court from which the case has been so withdrawn together with a copy of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.
______________________________________________
1. Cl.
(5) was ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 40
(w.e.f. 1-2-1977) and omitted by the Constitution (Forty-fourth Amendment)
Act, 1978, s. 31 (w.e.f. 20-6-1979).
2. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 41, for "it shall
withdraw the case and may—" (w.e.f. 1-2-1977).
3. The words, figures and letter, "subject to the provisions of article 131A," omitted by
the Constitution (Forty-third Amendment) Act, 1977, s. 9 (w.e.f. 13-4-1978).
107 THE CONSTITUTION OF INDIA
(Part VI.—The States)
1
[228A. Special provisions as to disposal of questions relating to
constitutional validity of State laws.].—Omitted by the Constitution (Forty-
third Amendment) Act, 1977, s. 10 (w.e.f. 13-4-1978).
