Constitution Section 228 — Transfer of certain cases to High Court

Part VI — THE STATES — CHAPTER V.—THE HIGH COURTS IN THE STATES

Constitutional

Summary

If a High Court believes that a case in a lower court involves an important question about how the Constitution should be interpreted, and that question must be answered to decide the case, the High Court must take the case away from the lower court. The High Court can then either decide the entire case itself, or it can answer only the constitutional question and send the case back to the lower court with a copy of its decision on that question. The lower court must then finish deciding the case in line with the High Court’s ruling.

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(b) determine the said question of law and return the case to the court from which the case has been so withdrawn together with a copy of its judgment on such question, and the said court shall on receipt thereof proceed to dispose of the case in conformity with such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