In suits involving a substantial question of law as to the interpretation of the Constitution which ...........

Civil Procedure Code (CPC) 1908 First Hearnig

In suits involving a substantial question of law as to the interpretation of the Constitution, which of the following is true?

any question of interpretation of the Constitution under Article 132 read with Article 147 is involved

a substantial question of law is involved

question relating to legality or constitutionality of any instrument is involved

all of the above

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Explanation:

Order 27A, R 1 and R 1A of Code of Civil Procedure –
[ORDER XXVIIA Suits involving a substantial question of Law as to the Interpretation for 8 [the Constitution] 9 [or as to the validity of any Statutory instrument] 1. Notice to the Attorney General or the Advocate-General.—In any suit in which it appears to the Court that 10[any such question as is referred to 11[in clause (1) of article 132, read with article 147 of the Constitution,] is involved, the Court shall not proceed to determine that question until after notice has been given to 12[the Attorney General for India] if the question of law concerns the Central Government and to the Advocate-General of the State if the question of law concerns a State Government. 9 [1A. Procedure in suits involving validity of any statutory instrument.—In any suit in which it appears to the Court that any question as to the validity of any statutory instrument, not being a question of the nature mentioned in rule l, is involved, the Court shall not proceed to determine that question except after giving notice— (a) to the Government pleader, if the question concern the Government, or (b) to the authority which issued the statutory instrument, if the question concerns an authority other than Government