Part VI - The States • Article

Article 227 Simplified: Power of superintendence over all courts by the High Court

Article 227 gives every High Court the power of administrative and judicial superintendence over all subordinate courts and tribunals within its territorial jurisdiction, except military tribunals. The High Court can call for case records, issue rules of practice, prescribe accounting formats, and settle officer/advocate fee tables (subject to the Governor's approval).

Official Text

[(1) Every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction.] (2) Without prejudice to the generality of the foregoing provision, the High Court may— (a) call for returns from such courts; (b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and (c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts. (3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practising therein: Provided that any rules made, forms prescribed or tables settled under clause (2) or clause (3) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the Governor. (4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces. (5)* * * *

Simple Meaning

Explain Like Ten

The High Court is the big boss of all the smaller courts and tribunals in the state. It can check their books, make rules for how they run, and ensure they are doing their jobs properly. However, it cannot control military courts.

Student Mode

Article 227 confers on every High Court the power of superintendence over all courts and tribunals (except those constituted under military law) throughout its territorial jurisdiction. This includes both administrative and judicial superintendence, allowing the High Court to issue rules of practice, call for returns, prescribe accounting records, and revise lower court judgments to prevent miscarriage of justice.

Example

If a rent control court or labor tribunal in a district repeatedly delays cases or acts outside its legal boundaries, an affected citizen can file a petition in the High Court under Article 227. The High Court has the power to call for the tribunal's files, review its administrative functioning, and direct it to follow proper procedure.

Key Takeaway

Article 227 vests High Courts with broad administrative and judicial oversight over all lower courts and tribunals in their state to ensure fair and uniform justice.

FAQs

Does Article 227 superintendence cover tribunals?

Yes, it covers all subordinate courts and administrative tribunals (like land or tax tribunals) within the state, except military tribunals.

How does Article 227 differ from Article 226?

Article 226 is primarily for enforcing rights through writs, while Article 227 is a broader supervisory power focused on administrative and judicial oversight of lower courts.

Whose approval is required for rules made by the High Court under Article 227?

The rules, forms, and fee tables prescribed by the High Court require the previous approval of the Governor of the State.

Quiz

Which of the following is excluded from the High Court's power of superintendence under Article 227?

Answer: Armed Forces Tribunals

Rules and forms prescribed by the High Court under Article 227 require the approval of:

Answer: The Governor of the State