Reference to High Court
AI Assist
Summary
When a court finds that disposing a case requires deciding whether an Act, Ordinance or Regulation (or a part of one) is valid, and the court thinks it is invalid though no High Court or Supreme Court has so declared, the court must record its opinion with reasons and refer the question to the High Court. A Court of Session or a Metropolitan Magistrate may also refer any question of law to the High Court even if the first rule does not apply. While the High Court decides, the court may either commit the accused to jail or release them on bail.
Example
Priya is prosecuted under a municipal regulation that bans street vending. The trial court thinks the regulation is invalid and that deciding its validity is necessary to dispose of Priya's case, but the High Court has not ruled on it. The court will state its opinion with reasons and refer the question to the High Court; meanwhile it may commit Priya to jail or release her on bail.
Bare Act
Enacted text(1) Where any Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefore, and refer the same for the decision of the High Court.
Explanation
– In this section, “Regulation” means any Regulation as defined in the General Clauses Act, 1897 (10 of 1897), or in the General Clauses Act of a State.
(2) A Court of Session or a Metropolitan Magistrate may, if it or he thinks fit in any case pending before it or him to which the provisions of Sub-Section (1) do not apply, refer for the decision of the High Court any question of law arising in the hearing of such case.
(3) Any Court making a reference to the High Court under Sub-Section (1) or Sub-Section (2) may, pending the decision of the High Court thereon, either commit the accused to jail or release him on bail to appear when called upon.
Previous year papers
Pick your exam. we'll email the most recent paper.