The Power Of Superintendence Of The High Courts




Pranay Sankhla, B.A.LL.B. (H), School of Law, Narsee Monjee Institute of Management Studies, Deemed to be University, Mumbai, Indore Campus


Introduction


According to the article 227 of the Indian Constitution, the High court of the states have been given supervisory jurisdiction. Except for military courts and tribunals, the High courts have superintendence over all other courts and tribunals in the territory in which it has authority.


As a matter of fact, the High Court’s superintendence power is both administrative and judicial in nature, and can be invoked at the request of any aggrieved party or even in its own initiative. When the High court is vested with so much power, it is to ensure that the subordinate courts and tribunals adhere to the rules of the law, and to remove any barriers that may stand in the way of justice. Delegating this power is intended to keep subordinate courts within its jurisdiction. Article 227 gives the High court more authority than article 226 because the power of superintendence is not subject to those technicalities of procedures or conventional restrictions that apply to certiorari cases. Else the parameters invoking the exercise of power are almost similar.

Indian Journal of Law and Legal Research

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