Articles 228 and 229 of the Constitution of India: High Court Cases, Officers, Staff and Expenses
Articles 228 and 229 form part of the constitutional framework governing High Courts. Article 228 deals with withdrawal by a High Court of a case pending before a subordinate court when an essential substantial question concerning interpretation of the Constitution arises. Article 229 deals with High Court officers and servants, their service conditions, and the administrative expenses of the Court.
Article 228 - Transfer of certain cases to High Court
Article 228 applies where a case is pending in a court subordinate to a High Court and the High Court is satisfied that the case involves a substantial question of law as to the interpretation of the Constitution, and that deciding that question is necessary for disposal of the case. In that situation, the Constitution requires the High Court to withdraw the case.
After withdrawal, the High Court may either dispose of the entire case itself or decide only the constitutional question and return the case, together with its judgment on that question, to the subordinate court. The subordinate court must then dispose of the case in conformity with the High Court's judgment.
Text and effect of Article 228
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 the Constitution, determination of which is necessary for disposal of the case, the High Court withdraws the case and may:
(a) dispose of the case itself; or
(b) determine the constitutional question and return the case to the subordinate court with its judgment on that question, after which the subordinate court proceeds in conformity with that judgment.
This provision is narrower than an ordinary transfer power: its constitutional trigger is an important question concerning interpretation of the Constitution that is necessary to decide the pending case.
Article 229 - Officers and servants and the expenses of High Courts
Article 229 concerns the administrative establishment of a High Court. It places the power of appointment of High Court officers and servants primarily with the Chief Justice of the High Court, or with a Judge or officer directed by the Chief Justice.
Clause (1): Appointment of High Court staff
Appointments of officers and servants of a High Court are made by the Chief Justice or by another Judge or officer of the Court as directed by the Chief Justice. The Governor may, by rule, require consultation with the State Public Service Commission for specified appointments of persons who are not already attached to the Court.
Clause (2): Conditions of service
Subject to any law made by the State Legislature, service conditions of High Court officers and servants may be prescribed by rules made by the Chief Justice or an authorised Judge or officer. Rules concerning salaries, allowances, leave or pensions require the approval of the Governor.
Clause (3): Administrative expenses
The administrative expenses of a High Court, including salaries, allowances and pensions payable to or in respect of its officers and servants, are charged upon the Consolidated Fund of the State. Fees and other money taken by the Court form part of that Fund.
Why Article 229 matters for judicial independence
The Supreme Court has explained that Article 229 is designed to secure the administrative independence of the High Court by vesting control over its supporting establishment in the Chief Justice, while requiring that constitutional and legal limits governing the exercise of administrative power are observed.
Articles 228 and 229 at a glance
Article 228: constitutional mechanism for withdrawal of a subordinate-court case involving a necessary substantial question of constitutional interpretation.
Article 229: constitutional framework for appointment and service conditions of High Court staff and for the Court's administrative expenses.
Official legal resources
For authoritative and updated constitutional material, refer to the official Constitution publications of the Legislative Department, Ministry of Law and Justice, and the official Supreme Court of India website. The Constitution remains the controlling text; judicial decisions explain how these provisions operate in particular circumstances.