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What is Article 227 of indian constitution

 

📜 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:

  • ✔️ Checking delay in a trial court

  • ✔️ Ensuring procedural fairness

  • ✔️ Correcting jurisdictional errors

  • 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:

  • Article 226 empowers High Courts to protect rights by issuing writs.

  • Article 227 empowers them to supervise and correct the functioning of lower courts.