Part VI: The States
Chapter V - The High Courts in the States
Article 228: Transfer of Certain Cases to High Court
Original Article:
High Courts can withdraw cases from subordinate courts involving significant constitutional questions and either decide the case or return it with their ruling on the constitutional issue.
Explanation:
Article 228 ensures that significant constitutional questions are addressed by the High Courts, which possess the expertise and authority to interpret the Constitution effectively. This maintains uniformity in constitutional interpretation and judicial clarity.
Clause Headings:
1. Withdrawal of Cases
High Courts can withdraw cases from subordinate courts if they involve substantial constitutional questions.
2. Disposition Options
High Courts can either fully decide the case or address the constitutional question and return it for further proceedings.
Real-Life Examples:
High Courts often invoke Article 228 in cases involving complex constitutional matters, such as disputes over the application of fundamental rights or interpretations of legislative provisions.
Amendments and Historical Significance:
1. Forty-Second Amendment (1976):
Revised language to emphasize High Court involvement in constitutional matters.
2. Forty-Third Amendment (1977):
Restored High Court autonomy by removing Article 131A’s restrictive provisions.
Historical Context:
The framers of the Constitution recognized the need for High Courts to resolve constitutional questions promptly and uniformly, ensuring consistency in legal interpretations across jurisdictions.
Debates and Deliberations:
Constituent Assembly debates emphasized timely resolution of constitutional questions by High Courts:
- Dr. B. R. Ambedkar: Advocated centralized handling of constitutional questions for consistency in judicial interpretation.
- Shri K. T. Shah: Highlighted concerns about overburdening High Courts with mandatory withdrawal of cases.
- Shri Munshi: Stressed the importance of prompt High Court intervention in significant constitutional disputes.
Frequently Asked Questions (FAQs):
Cases involving substantial constitutional questions necessary for resolving the matter can be withdrawn.
The High Court can either decide the entire case or return it to the subordinate court with its ruling on the constitutional question for further proceedings.