📜 Article 227 of the Indian Constitution
Title: Power of superintendence over all courts by the High Court
🔹 Text Summary:
Article 227 gives every High Court the power of superintendence over all courts and tribunals functioning within its territorial jurisdiction, except those dealing with armed forces.
🧠 Key Provisions:
| 🔑 Feature | ✅ Details |
|---|---|
| Who has this power? | Every High Court |
| Over whom? | All civil, criminal, and quasi-judicial courts/tribunals within its territory (excluding military courts) |
| Nature of power | Supervisory, not appellate |
| Scope | Administrative & judicial supervision to ensure lawful functioning |
| Can interfere with judgments? | No direct appeal — but can intervene in case of gross miscarriage of justice, jurisdictional errors, or procedural lapses |
| Purpose | To maintain discipline, efficiency, and legality in subordinate courts |
🏛️ Examples of Use:
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✔️ Checking delay in a trial court
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✔️ Ensuring procedural fairness
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✔️ Correcting jurisdictional errors
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❌ Not meant for re-evaluation of facts/evidence like an appeal
⚖️ Real-life Example:
If a subordinate court in the Madhya Pradesh High Court’s jurisdiction is consistently not following proper procedures, the High Court can use its powers under Article 227 to issue directions or call for records.
📌 Key Differences with Article 226:
| Feature | Article 226 | Article 227 |
|---|---|---|
| Power Type | Writ jurisdiction | Supervisory power |
| Used for | Enforcing rights (FRs + legal rights) | Maintaining judicial discipline |
| Nature | Judicial + Protective | Administrative + Supervisory |
| Appeal-like power? | ❌ No (but acts like one) | ❌ No (only oversight, not review of evidence) |
| Against whom? | State/public authorities | Subordinate courts & tribunals |
📜 Related Articles:
| Article | Subject |
|---|---|
| 226 | Writ powers of High Courts |
| 227 | Superintendence over lower courts |
| 235 | Control over district judiciary by High Courts |
Here’s a concise comparison chart of Articles 226 and 227 of the Constitution, highlighting the distinct powers of the High Courts:
| 🔹 Feature | 📝 Article 226 – Writ Jurisdiction | 👁️ Article 227 – Supervisory Jurisdiction |
|---|---|---|
| Constitutional Basis | Article 226 | Article 227 |
| Primary Power | Issue writs (Habeas Corpus, Mandamus, Certiorari, Prohibition, Quo Warranto) | Superintendence over all subordinate courts and tribunals |
| Purpose | Enforce Fundamental Rights & legal/statutory rights | Ensure lawful, efficient, and discipline in lower courts’ functioning |
| Who Can Invoke | Any person whose rights are infringed | High Court itself, on its own motion or on application of aggrieved party |
| Against Whom | State, public authorities, sometimes private bodies | Subordinate courts (civil, criminal, tribunals) within HC’s territory |
| Nature of Relief | Judicial—direct orders to remedy rights violation | Administrative/supervisory—directions, transfer of cases, review of procedures |
| Scope | Wide—covers both rights enforcement and quasi‑judicial errors | Limited to jurisdictional errors, procedural lapses, delays, misconduct |
| Review of Evidence | ❌ No (only legality & jurisdiction) | ❌ No (cannot re‑appraise evidence or facts) |
| Alterable by Law | ❌ No—constitutional power | ❌ No—constitutional power |
In brief:
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Article 226 empowers High Courts to protect rights by issuing writs.
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Article 227 empowers them to supervise and correct the functioning of lower courts.
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