Article 228 of CoI : Article 228: Transfer of certain cases to High Court.

Explanation using Example

Example 1:

Scenario: A dispute arises between two parties over the ownership of a piece of land. The case is initially filed in a District Court. During the proceedings, one party argues that a specific provision of the Constitution, which deals with property rights, needs to be interpreted to resolve the dispute.

Application of Article 228: The District Court recognizes that the interpretation of the constitutional provision is crucial for deciding the case. The court refers the matter to the High Court. The High Court, upon reviewing the case, agrees that a substantial question of law regarding the interpretation of the Constitution is involved. The High Court then withdraws the case from the District Court.

• Option (a): The High Court decides to dispose of the entire case itself, including the interpretation of the constitutional provision and the final judgment on the ownership dispute.
• Option (b): The High Court interprets the constitutional provision and provides a judgment on the question of law. It then returns the case to the District Court with its judgment. The District Court proceeds to dispose of the case based on the High Court's interpretation.

Example 2:

Scenario: A criminal case is being heard in a Sessions Court where the accused is charged with sedition. The defense argues that the sedition law, as applied, violates the fundamental right to freedom of speech and expression guaranteed by the Constitution.

Application of Article 228: The Sessions Court acknowledges that the case involves a substantial question of law regarding the interpretation of the Constitution, specifically the balance between sedition laws and freedom of speech. The Sessions Court refers the matter to the High Court. The High Court, after examining the case, agrees that the constitutional question is significant and withdraws the case from the Sessions Court.

• Option (a): The High Court decides to handle the entire case, including the interpretation of the constitutional rights and the final verdict on the sedition charges.
• Option (b): The High Court focuses on interpreting the constitutional question about freedom of speech and sedition. It then sends the case back to the Sessions Court with its judgment on the constitutional issue. The Sessions Court continues with the trial, applying the High Court's interpretation to reach a final decision.