Part VI: The States
Chapter V - The High Courts in the States
Article 227: Power of Superintendence over All Courts by the High Court
Original Article:
Article 227 empowers High Courts to supervise all subordinate courts and tribunals within their jurisdiction, ensuring the uniformity of legal practices.
Explanation:
Article 227 grants High Courts supervisory authority over all subordinate courts and tribunals within their jurisdiction to ensure consistency in judicial practices and uphold the judiciary's independence.
Clause Headings:
1. Supervisory Authority of High Courts
Empowers High Courts to oversee all subordinate courts and tribunals within their territorial jurisdiction.
2. Specific Powers of Superintendence
Includes calling for returns, framing rules, and prescribing record-keeping formats for subordinate courts.
3. Fee Regulation
Empowers High Courts to set fee tables for court officials and practitioners, ensuring uniformity in practices.
4. Limitation on Powers
Excludes supervisory powers over courts and tribunals established under Armed Forces laws.
Real-Life Examples:
High Courts often utilize Article 227 to monitor lower courts’ adherence to procedural norms, ensuring timely justice and procedural compliance.
Amendments and Historical Significance:
1. Forty-Second Amendment (1976):
Introduced stricter centralization of High Court supervision, later repealed.
2. Forty-Fourth Amendment (1978):
Restored High Courts’ autonomy in supervision and omitted additional controls introduced by the Forty-Second Amendment.
Historical Context:
Debates in the Constituent Assembly highlighted the importance of judicial oversight for consistent legal practices across jurisdictions.
Frequently Asked Questions (FAQs):
It allows High Courts to supervise all subordinate courts and tribunals within their jurisdiction to ensure uniformity and legal consistency.
No, courts and tribunals related to the Armed Forces are excluded from High Court supervision under Article 227.
High Courts can set fee tables for court officials, attorneys, and other practitioners to standardize charges.
Debates and Deliberations:
The Constituent Assembly emphasized the importance of High Court supervision to streamline judicial processes and prevent administrative discrepancies:
- Dr. B. R. Ambedkar: Highlighted the need for uniform oversight across subordinate courts.
- Professor Shibban Lal Saksena: Advocated for the inclusion of tribunals within High Court supervision to ensure procedural fairness.
- Shri H. V. Kamath: Suggested simplifying administrative controls to enhance judicial efficiency.