This article was written to delve deeper into Article 227. Before we proceed
with Article 227, we must first understand what Article 226 is, as it is
essential to the judicial system in which the high courts exercise their powers.
Article 226, enables the writ jurisdiction of all Indian High Courts to give the
orders, instructions, and writs, including the writs of Mandamus, Certiorari,
Habeas Corpus, Quo Warranto, and Prohibition, to any person or authority,
including the government.
The powers conferred on the High Courts by this article are quite similar to
those conferred by Article 32. Regardless, the Supreme Court's powers are
limited compared to the High Court's since the Supreme Court can only consider
cases involving violations of fundamental rights.
Article 227:
The High Courts have superintendence over all Courts and Tribunals across the
territory under this article. Superintendence is both administrative and
judicial. This power is primarily intended to keep subordinate courts within the
confines of their authority; hence it should be utilized sparingly.
The following powers can be exercised under Article 227:
- Make and issue general rules and prescribe forms for regulating the
practice and proceedings of such courts.
- Settle tables of fees to be allowed to the sheriff and all clerks and
officers of such courts.
- Call for returns from such courts,
- Prescribe forms in which books, entries, and accounts be kept by the
officers of any such courts.
It is critical to emphasize that the High Court must not intervene to correct a
simple factual error or to reverse a subordinate court's decision that is within
that court's jurisdiction. The High Court can intervene under Article 227 of the
Indian Constitution if the finding is perverse in such a way that no reasonable
man with if the assessment is not based on any provable facts, understanding of
the law might have led to such a conclusion., if the discovery results in
manifest injustice, or if there is a mistake in law.
The High Court may ask for returns, create and issue regulations, and define
forms for controlling how the courts conduct their hearings and practice. It may
also dictate how the employees of any of these tribunals would keep book entries
and accounts. Furthermore, under Article 227, the High Court may determine the
fees given to court staff such as sheriffs, clerks, and officers, as well as
attorneys and pleaders appearing at the court.
The only inconsistency to the provisions stipulates that, regardless of how
broad the scope of oversight imposed on the High Courts by the provision, it
does not apply to the oversight of courts or tribunals established under
legislation about the military services.
The history of the High Court's supervisory jurisdiction and how it evolved into
its current form under Article 227 of the Constitution has been accurately
tracked in the judgment of
Waryam Singh & Anr. v. Amarnath & Anr.
The clause does not provide unfettered power; rather, it is constrained by
precedents. The following grounds have been listed for utilizing the provision:
absence of jurisdiction, perverse conclusions, grave breaches of natural
justice, and so forth.
In
Umaji v. Radlikabai (AIR 1988 SC 1272) the West Bengal Act no. 25 of
1988 introduced a provision in the Code of Civil Procedure, 1908 stating that
the District Court would have revisional authority. It went on to say that
further amendment "by the High Court or any other court" is out of the question.
This appears to be outside the bounds of the law. The Supreme Court panel agreed
that this is unconstitutional since no law may repeal the constitutional clause
conferring superintendence on the High Court.
In the preceding case, it was also emphasized on the circumstances in which the
High Court can interfere under Article 227. It said that the High Court does not
have infinite authority to redress all types of hardship or incorrect decisions
taken within its power. It only needs to interfere when there is an obvious
mistake on the surface of the record when findings are perverse or not founded
on any material, when a result reached is such that no rational tribunal could
have reached, or when findings were manifested in injustice.
Conclusion:
The High Court has supervisory authority over all subordinate courts under
Article 227 of the Indian Constitution. The supervisory power manifests itself
in the form of being able to revise decisions of courts or tribunals in its
jurisdiction. Such revisionary abilities are subject to the limitations set
forth in the legislation and evolved via court decisions as previously noted.
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