THE DRAFT CONSTITUTION 155
THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 187
urge as one of the grounds in such appeal that the case involves a substantial question of law as to the interpretation of this Constitution which has been wrongly decided.
Special leave to appeal by the Supreme Court in certain other cases.
Reference to the Supreme Court by High Courts in States for the time being specified in Part III of the First Schedule in certain cases.
The Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree or final order in any cause or matter, passed or made by any court or tribunal in the territory of India except the States for the time being specified in Part III of the First Schedule, in cases where the provisions of article 110 or article 111 of this Constitution do not apply.
(1) If in the course of any civil, criminal or other proceeding in a High Court in any State for the time being specified in Part III of the First Schedule, any question as to the applicability or interpretation of any law of Parliament or of the Legislature of any State other than such State, which is material for the determination of any issue in such proceeding, arises, the High Court may, either of its own motion or on the application of any of the parties, draw up a statement of the case with particular reference to such question with its own opinion thereon and refer such question to the Supreme Court for opinion.
(2) The Supreme Court may, where any such High Court refuses to state a case under clause (1) of this article, require a case to be so stated.
(3) When a case is so stated either under clause
(1) or under clause (2) of this article, the High Court shall stay all proceedings until the opinion of the Supreme Court is received.
(4) The Supreme Court shall, after giving the parties an opportunity of being heard, decide the question so referred, and shall cause a copy of its opinion to be transmitted to the High Court and such High Court shall on receipt thereof proceed to dispose of the case in conformity with the opinion of the Supreme Court.
(5) The Supreme Court may at any stage return any case stated under this article in order that further facts may be stated therein.
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