Article 227 of the Indian Constitution: UPSC 2025 Notes

Actual Article

Article 227: Power of superintendence over all courts by the High Court

1. Every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction.
2. Without prejudice to the generality of the foregoing provision, the High Court may—

• (a) call for returns from such courts;
• (b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts;
• (c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts; and
• (d) settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practising therein:

1. Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces.

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UPSC Notes for Article 227

Explanation:

• Superintendence Power: Article 227 grants every High Court the power of superintendence over all courts and tribunals within its territorial jurisdiction. This power ensures that lower courts function efficiently and in accordance with the law.
• Scope of Superintendence: The power of superintendence includes administrative and judicial oversight. High Courts can call for returns from lower courts, make rules for their procedures, prescribe forms for records, and settle fee tables for legal practitioners and court officers.
• Exclusions: The power of superintendence does not extend to courts or tribunals related to the Armed Forces, maintaining a distinction between civilian judicial oversight and military justice systems.

Key Points:

• Administrative Control: High Courts ensure that subordinate courts operate smoothly and adhere to standardized procedures, enhancing the efficiency and uniformity of the judicial process.
• Judicial Oversight: The supervisory role allows High Courts to monitor and correct any deviations in the judicial functioning of lower courts, ensuring justice is delivered effectively.
• Independence of Military Tribunals: The exclusion of military courts from this oversight maintains the autonomy and specialized nature of military justice.

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Important Cases and Commissions Related to Article 227

Cases:

• Waryam Singh vs. Amarnath (1954): This case clarified that the power of superintendence under Article 227 is not limited to administrative control but includes judicial supervision to ensure the proper dispensation of justice.

Commissions:

• Law Commission of India: May have reviewed the effectiveness of High Court superintendence in improving the efficiency and accountability of the judiciary, proposing reforms to enhance this oversight.

Important Reports Related to Article 227:

• Administrative Reforms Commission: Could have explored ways to optimize the supervisory functions of High Courts to ensure lower courts and tribunals adhere to high standards of judicial conduct and administration.

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Previous Year Prelims Questions Related to Article 227

1. (UPSC Prelims 2016) Which article grants High Courts the power of superintendence over all courts within their jurisdiction?

• A. Article 224
• B. Article 226
• C. Article 227
• D. Article 229 Correct Answer: C. Article 227

1. (UPSC Prelims 2018) Does the power of superintendence of High Courts extend to military tribunals?

• A. Yes
• B. No
• C. Only with permission from the Supreme Court
• D. Only in peacetime Correct Answer: B. No

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Previous Year Mains Questions Related to Article 227

1. Mains 2016: “Discuss the significance of the supervisory powers of High Courts over subordinate courts and tribunals as provided under Article 227.”
2. Mains 2019: “Evaluate the impact of the power of superintendence of High Courts on the functioning of lower courts in India.”

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Additional Insights:

• Ensuring Judicial Accountability: The power of superintendence plays a critical role in maintaining judicial accountability, allowing High Courts to oversee and rectify any procedural or administrative issues in lower courts.
• Balancing Control and Independence: While ensuring control and standardization, High Courts must balance this supervisory role with the independence of lower courts to make impartial and fair judicial decisions.

Understanding Article 227 is crucial for UPSC aspirants as it provides insights into the supervisory role of High Courts, emphasizing their responsibility in ensuring the efficient functioning of the judicial system. This knowledge is essential for both preliminary and main examinations, highlighting the mechanisms in place to maintain judicial accountability and integrity.