Article 227 of the Indian Constitution: Overview

Article 227 of the Indian Constitution grants supervisory powers to the High Courts over all subordinate courts and tribunals within their territorial jurisdiction. This provision ensures that these judicial bodies function within the bounds of law and maintain procedural integrity.

Key Provisions

Superintendence Over Courts and Tribunals: High Courts are empowered to oversee the functioning of all courts and tribunals in their jurisdiction, ensuring compliance with legal standards.

Administrative Powers: Under Clause 2, High Courts can:

Call for reports from subordinate courts.

Issue rules and prescribe forms for regulating practices and proceedings.

Specify formats for maintaining records and accounts by court officers.

Fee Regulation: Clause 3 allows High Courts to determine fees for clerks, attorneys, advocates, and other court personnel, subject to approval by the Governor.

Exclusions: Article 227 explicitly excludes supervisory authority over courts or tribunals established under laws related to the Armed Forces.

Nature of Jurisdiction

The jurisdiction under Article 227 is supervisory rather than appellate. It does not permit the High Court to review or overturn decisions based on errors in law or fact unless there is a gross violation of natural justice or jurisdictional error. The power is discretionary and must be exercised sparingly to avoid undermining judicial independence.

Comparison with Article 226

While Article 226 empowers High Courts to issue writs for enforcement of fundamental rights or other purposes, Article 227 focuses solely on supervision. Proceedings under Article 226 are original in nature, whereas those under Article 227 are supervisory.

In conclusion, Article 227 serves as a crucial mechanism for maintaining judicial accountability while respecting the autonomy of subordinate courts and tribunals.