Article 227 of the Indian Constitution grants the High Courts the power of superintendence over all courts and tribunals within their jurisdiction, except those dealing with the armed forces. This power is one of the essential tools that ensure the High Courts can maintain the legal standards and proper administration of justice within their territory.
Key Aspects of Article 227
1. Supervisory Jurisdiction: The High Court has the authority to oversee and ensure the proper functioning of all lower courts and tribunals within its jurisdiction. This includes the ability to correct any errors in law, ensure proper procedure is followed, and prevent any miscarriage of justice.
2. Scope: The power under Article 227 extends to both judicial and administrative matters. The High Court can interfere not only in decisions that are erroneous but also in matters related to the functioning and conduct of the subordinate courts and tribunals.
3. Purpose: The primary purpose of this supervisory power is to keep the subordinate courts and tribunals within the bounds of their authority and to ensure that they function efficiently, transparently, and justly.
4. Nature of Power: The power under Article 227 is discretionary and can be exercised suo moto (on its own) by the High Court or on a petition filed by an aggrieved party. However, it is a supervisory power and not an appellate one, meaning that the High Court does not sit as an appellate court to re-evaluate facts or evidence but only to correct jurisdictional errors.
5. Limitations: The power under Article 227 should be exercised sparingly and only in cases where there is a manifest miscarriage of justice or when the court or tribunal has acted outside its jurisdiction or contrary to the principles of natural justice.
Important Case Laws
Waryam Singh & Anr. v. Amarnath & Anr. (1954):
In this case, the Supreme Court held that the power of superintendence conferred on the High Court under Article 227 is to be exercised to keep the courts and tribunals within the bounds of their authority and to ensure that they function according to law.
Surya Dev Rai v. Ram Chander Rai & Ors. (2003):
The Supreme Court emphasized that the High Court’s power under Article 227 is wider than its power under Article 226 and that it can be used to ensure that justice is not only done but also seen to be done.
Jasbir Singh v. State of Punjab (2006):
The Supreme Court reiterated that Article 227 gives the High Court the power to ensure that the subordinate courts and tribunals exercise their functions within the legal bounds.
Conclusion
Article 227 is a vital provision that helps maintain the rule of law by ensuring that lower courts and tribunals do not exceed their jurisdiction or commit gross errors in law or procedure. It reinforces the hierarchical structure of the judiciary by placing the High Courts in a supervisory role over the subordinate judiciary.
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