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Difficulty: MediumIndian Judiciary: Supreme Court, High Courts, Judicial Review, and PIL

With reference to the constitutional provisions governing the Indian Judiciary, which of the following statements regarding the power of superintendence of High Courts under Article 227 of the Constitution of India are correct?

  1. The power of superintendence extends over all courts and tribunals throughout the territorial jurisdiction of the High Court, except those constituted under any law relating to the Armed Forces.Answer
  2. The power of superintendence under Article 227 encompasses both judicial superintendence and administrative control over subordinate courts and tribunals.Answer
  3. C
    The High Court can exercise its power of superintendence under Article 227 only upon a formal application filed by an aggrieved party and cannot act suo motu.
  4. D
    The supervisory jurisdiction under Article 227 is strictly administrative in nature and cannot be invoked to correct errors of law or jurisdictional excesses of lower tribunals.

Answer

The correct statements are that Article 227 superintendence extends over all courts and tribunals except military tribunals, and that it includes both judicial superintendence and administrative control.
The statement regarding the exemption of military tribunals under Article 227(4) and the statement confirming that Article 227 covers both administrative and judicial superintendence accurately reflect constitutional law and judicial interpretation.

Step-by-Step Solution

1
Examine the constitutional exclusion clause under Article 227.
Article 227(4) specifically excludes any court or tribunal constituted by or under any law relating to the Armed Forces from the High Court's supervisory jurisdiction.
Military tribunals operate under specialized statutory and constitutional exemptions.
2
Analyze the nature and scope of supervisory power granted to High Courts.
Judicial precedents affirm that superintendence under Article 227 is broader than mere administrative oversight; it covers judicial superintendence to keep lower bodies within their legal parameters.
Superintendence ensures both administrative efficiency and judicial discipline.
3
Evaluate procedural conditions and initiation modes for Article 227.
The High Court is not restricted to adversarial petitions and may initiate proceedings suo motu to prevent abuse of process or gross illegality.
Constitutional supervisory jurisdiction is intended to uphold the administration of justice broadly.

Key Concept

Scope and Limits of High Court Power of Superintendence under Article 227
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Topics

Indian Judiciary: Supreme Court, High Courts, Judicial Review, and PIL

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