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The Constitution gives the powers of superintendence over all subordinate courts to the High Court's under
Question

The Constitution gives the powers of superintendence over all subordinate courts to the High Court's under

A.

Article 226

B.

Article 227

C.

Article 228

D.

Article 229

Correct option is B

The correct answer is (b) Article 227

Article 227 of the Indian Constitution provides the High Courts with the power of superintendence over all subordinate courts and tribunals within their territorial jurisdiction.

Key Details:

Scope of Article 227:

  • The High Court has the authority to oversee the functioning of subordinate courts to ensure proper administration of justice.
  • It can issue directions to subordinate courts and tribunals regarding their functioning.
  • It ensures that subordinate courts do not act beyond their jurisdiction or violate procedural norms.

Supervisory Jurisdiction:

  • The power of superintendence includes administrative as well as judicial control over subordinate courts and tribunals.
  • This power is discretionary and can be exercised suo motu (on its own initiative).
  • The power under Article 227 is not appellate; the High Court cannot reexamine or re-evaluate the evidence presented before subordinate courts.
  • The High Court can intervene to correct errors of jurisdiction or procedural irregularities in subordinate courts.

Difference from Article 226:

  • Article 226 grants High Courts the power to issue writs for the enforcement of Fundamental Rights and for other purposes.
  • Article 227, on the other hand, is supervisory and administrative in nature, focused on ensuring proper judicial conduct in subordinate courts.

Additional Information:

  • Article 226: Relates to the power of the High Court to issue writs.
  • Article 228: Provides for the transfer of cases from subordinate courts to the High Court if they involve substantial questions of constitutional law.
  • Article 229: Deals with the appointment, conditions of service, and administrative control of officers and staff of the High Court.

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