Article 227 of Constitution of India
Article 227 of the Constitution of India: Detailed Explanation
Text of Article 227
Article 227 states:
“Every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction.”
Meaning and Scope
1. Superintendence Power
Article 227 grants the High Courts supervisory jurisdiction over all subordinate courts and tribunals within their territorial jurisdiction.
This power is inherent and wide, enabling the High Court to supervise, control, and ensure the proper functioning of lower courts.
The power extends to both civil and criminal courts as well as tribunals.
2. Nature of the Power
The power under Article 227 is different and broader than the power of judicial review under Article 226 (writ jurisdiction).
It is a supervisory power to ensure subordinate courts act within their jurisdiction and follow the law and procedure.
It can be exercised even in the absence of a writ petition.
It includes power to:
Correct errors of jurisdiction.
Prevent abuse of process.
Ensure fair trial and prevent miscarriage of justice.
Issue directions, orders, or writs to subordinate courts.
3. Distinction from Article 226
| Aspect | Article 227 | Article 226 |
|---|---|---|
| Jurisdiction | Supervisory over subordinate courts | Writ jurisdiction (for fundamental rights and legal rights) |
| Nature | Inherent supervisory power | Constitutional judicial review |
| Scope | Over subordinate courts and tribunals | Over any authority including government |
| Discretion | May be exercised suo moto | Usually on petition |
Purpose of Article 227
To ensure discipline, regularity, and legality in the functioning of subordinate courts.
To provide a remedy against procedural irregularities or excess of jurisdiction.
To protect litigants from injustice arising due to incompetence or misconduct of subordinate courts.
Important Case Laws on Article 227
1. Haradhan Roy v. Union of India (1970)
The Supreme Court observed that Article 227 is a valuable and salutary power vested in High Courts.
It can be used to correct jurisdictional errors or any gross miscarriage of justice by subordinate courts.
It is not to be exercised as a routine appellate jurisdiction but only in cases of grave injustice.
2. In Re: Delhi Laws Act (1951)
The Court emphasized that the power under Article 227 is wide and plenary supervisory power.
It can be exercised even if the subordinate court’s order is not appealable.
3. S.M. Open v. Commissioner of Police (1987)
The Supreme Court clarified that Article 227 can be invoked to ensure subordinate courts do not act arbitrarily or beyond their jurisdiction.
4. R.C. Chockalingam v. Chief Controlling Revenue Authority (1971)
The Court explained that Article 227 is a part of the High Court’s inherent jurisdiction and can be used to quash illegal or unconstitutional orders by subordinate courts.
Limitations on Article 227 Power
The power is extraordinary and supervisory, not an appellate power.
The High Court should not interfere with mere errors of fact or law unless there is a jurisdictional error or gross injustice.
It cannot be used to interfere with the merits of a case in routine manner.
It must be exercised judiciously and sparingly.
Practical Application
High Courts may invoke Article 227 to:
Correct orders passed by lower courts without jurisdiction.
Set aside procedural irregularities.
Prevent abuse or misuse of judicial process.
Oversee functioning of tribunals and administrative bodies.
Summary Table
| Aspect | Explanation |
|---|---|
| Provision | Article 227 – Supervisory jurisdiction of High Courts |
| Scope | Over subordinate courts and tribunals within territorial jurisdiction |
| Nature | Wide, inherent supervisory power, not ordinary appellate power |
| Purpose | Correct jurisdictional errors, prevent miscarriage of justice |
| Limitations | Not to be used as routine appeal; exercised sparingly |
| Landmark Cases | Haradhan Roy v. Union of India, S.M. Open v. Commissioner, R.C. Chockalingam case |
Conclusion
Article 227 empowers the High Courts with an essential supervisory mechanism to ensure justice is delivered fairly and within legal bounds by lower courts and tribunals. This power complements the writ jurisdiction under Article 226 and safeguards the judicial process from excesses and errors at subordinate levels.
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