Transfer of certain cases to High Court
Part VI: The States
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, ¹[it shall withdraw the case and ²* * * 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(b) determine the said question of law and return the case to the court from which the case has been so withdrawn together with a copy of its judgment on such question, and the said court shall on receipt thereof proceed to dispose of the case in conformity with such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.
Amendment notes
- ¹Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 41, for "it shall withdraw the case and may—" (w.e.f. 1-2-1977).
- ²The 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).
The Constitution of India (As on 1 May 2026). Includes every amendment up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. The small raised numbers in the text point to the amendment notes below.
Related articles
- 225Jurisdiction of existing High Courts
- 226Power of High Courts to issue certain writs
- 227Power of superintendence over all courts by the High Court
- 229Officers and servants and the expenses of High Courts
- 230Extension of jurisdiction of High Courts to Union territories
- 231Establishment of a common High Court for two or more States