Article 227 of Constitution of India

The Constitution of India, being the supreme law of the land, lays down the structure and powers of the government, along with defining the relationship between the state, citizens, and the judiciary. Among the numerous provisions dealing with judicial matters, Article 227 holds significant importance as it grants the High Courts the power of superintendence over all subordinate courts and tribunals within their jurisdiction. 

This provision, enshrined under Part V of the Constitution, ensures that the subordinate judiciary functions within the boundaries of law, maintains judicial discipline, and avoids any arbitrary or unlawful actions.

In this article, we will explore the scope, nature, limitations, and application of Article 227, with an emphasis on its role in safeguarding justice and ensuring the effective functioning of the judicial system.

Text of Article 227 of the Constitution of India

(1) Every High Court shall have superintendence over all courts and tribunals throughout the territories interrelation to which it exercises jurisdiction.

(2) Without prejudice to the generality of the foregoing provisions, 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 or 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.

Understanding the Scope of Article 227

Article 227 of the Constitution is primarily concerned with the power of superintendence granted to the High Courts. This power applies over all courts and tribunals within the territory under the High Court’s jurisdiction. It is a supervisory power, and the High Court can oversee the functioning of these courts to ensure that they exercise their jurisdiction correctly and lawfully.

The Key Provisions of Article 227:

• Clause (1): “Every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction.”
• Clause (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.”
• Clause (3): The High Court can settle tables of fees to be allowed to officers of the courts, including clerks, sheriffs, and advocates practicing in the courts under its jurisdiction.
• Clause (4): The High Court’s supervisory powers under Article 227 do not extend to courts or tribunals established by laws relating to the Armed Forces.

This provision highlights the High Court’s duty to ensure the proper functioning of lower courts and tribunals. It can issue orders, call for records, and intervene in cases where there are instances of injustice, misuse of power, or failures to exercise jurisdiction.

The Nature of the Power of Superintendence

The power granted to the High Courts under Article 227 is both judicial and administrative in nature. While the judicial aspect ensures that the High Courts have the authority to correct any legal or procedural errors made by lower courts, the administrative aspect ensures that the judiciary as a whole functions in an orderly manner.

Judicial Power

The judicial power of superintendence primarily involves checking the correctness of decisions made by subordinate courts. However, this power is not as wide-ranging as the appellate jurisdiction, and it does not allow the High Court to re-examine facts or findings in every case. The High Court can only interfere in cases where there is an error of law, grave injustice, or abuse of power.

Administrative Power

In its administrative capacity, the High Court can regulate the functioning of lower courts. It can issue rules and regulations for the efficient management of judicial procedures, including how cases should be handled, the conduct of judges, and the overall judicial process. This ensures uniformity and consistency in the administration of justice.

Grounds for Interference by the High Court

While Article 227 provides the High Court with the authority to supervise subordinate courts, this power is not limitless. The High Court is not expected to intervene in every case or to act as an appellate authority. The power should be exercised sparingly and only in specific circumstances.

When Lower Courts Act Arbitrarily

One of the primary grounds for the High Court to intervene under Article 227 is when the subordinate courts act arbitrarily or unjustifiably. If a lower court makes a decision without following the due process of law or disregards established principles, the High Court can step in to correct the error.

When Lower Courts Exceed Their Jurisdiction

Another ground for interference arises when a subordinate court exceeds its jurisdiction. If a court takes up matters beyond its legal authority or competes with the jurisdiction of another court, the High Court can intervene to ensure that the lower court respects its jurisdictional boundaries.

Failure to Exercise Jurisdiction

In cases where a lower court fails to exercise its jurisdiction properly, the High Court can step in to correct the oversight. For example, if a court is legally required to take action in a case but fails to do so, the High Court can ensure that justice is not delayed.

Limitations on the Power of Article 227

It is important to understand that the High Court’s power of superintendence is not meant to be used as an appellate or revisional power. This distinction is crucial to the functioning of the judicial system and ensures that the High Court does not unnecessarily interfere with the decisions of subordinate courts.

Interference in Errors of Fact

The High Court under Article 227 does not have the authority to correct errors of fact. It cannot re-evaluate the evidence, re-assess witness testimonies, or overturn the findings of fact made by lower courts unless such findings are perverse or result in manifest injustice. If the lower court’s decision is based on reasonable facts and evidence, the High Court should not interfere.

Interference in Errors of Law

The High Court can interfere in cases of errors of law, but only when the error is apparent and leads to a miscarriage of justice. For instance, if a subordinate court misapplies a legal principle or ignores a binding precedent, the High Court can intervene to correct the legal error.

Grave Injustice

The High Court can exercise its power to prevent or rectify situations that would result in grave injustice. This includes instances where a subordinate court’s order or judgement leads to a situation where the parties involved suffer serious harm, and the legal remedy is inadequate.

Conclusion

Article 227 of the Constitution of India plays a crucial role in ensuring that the judicial system functions effectively and that lower courts do not overstep their boundaries or fail to carry out their duties. While it grants significant power to the High Courts, this power is not absolute and is meant to be used only in cases of grave injustice, abuse of power, or legal error.

By exercising this power judiciously, the High Courts help maintain the integrity and accountability of the judicial system, ensuring that justice is administered in a fair and orderly manner. It is important for all stakeholders in the judicial process—judges, litigants, and legal professionals—to understand the scope and limitations of Article 227 to avoid unnecessary litigation and ensure the smooth functioning of the judicial machinery.