The impact of Art 227 in Administrative Law
The Impact of Article 227 in Administrative Law
1. Introduction
Article 227 of the Indian Constitution grants the High Courts the power of superintendence over all courts and tribunals within their territorial jurisdiction. This provision empowers High Courts to supervise, correct, and ensure the proper functioning of subordinate courts and tribunals.
2. Text of Article 227
"Every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction."
3. Scope and Significance of Article 227
Article 227 confers a supervisory jurisdiction and is wider than writ jurisdiction under Article 226.
It is a constitutional remedy available to correct errors of jurisdiction, abuse of power, or failure to exercise jurisdiction by subordinate courts or tribunals.
Unlike writ jurisdiction, which mainly enforces fundamental rights and legal wrongs, Article 227’s power is more administrative and supervisory.
It ensures that courts and tribunals act within their jurisdiction, fairness, and judicial discipline.
Article 227 is a continuing power and can be invoked even when appeal or revision is not available.
The jurisdiction can be exercised suo motu or on petition.
4. Impact on Administrative Law
Acts as a check on tribunals and quasi-judicial bodies to prevent arbitrariness and excess jurisdiction.
Enhances accountability and fairness in administrative adjudication.
Helps maintain uniformity and legality in administrative decisions.
Protects citizens from erroneous, biased, or unlawful orders by subordinate authorities.
Serves as an effective tool for judicial control over administrative agencies exercising adjudicatory functions.
5. Key Case Laws on Article 227
1. K.K. Verma v. Union of India, AIR 1957 SC 882
The Supreme Court held that Article 227 confers a supervisory jurisdiction distinct from appellate jurisdiction.
It is exercisable even when no appeal or revision is provided by law.
The High Court can intervene where there is excess of jurisdiction or miscarriage of justice.
2. Ajay Hasia v. Khalid Mujib Sehravardi, AIR 1981 SC 487
The Supreme Court recognized the powers of High Courts under Article 227 to supervise tribunals and quasi-judicial bodies.
Emphasized that administrative bodies exercising judicial functions are subject to judicial review.
The case expanded the scope of Article 227 to ensure natural justice and legality.
3. State of Maharashtra v. Manubhai Pragaji Vashi, AIR 1965 SC 722
The Court held that Article 227 can be used to prevent abuse or failure of jurisdiction by lower courts and tribunals.
It is an ancillary jurisdiction to keep subordinate courts within legal bounds.
The power is discretionary and not to be used as an appellate jurisdiction.
4. Sanjay Gandhi v. Delhi Administration, AIR 1979 SC 1299
The Supreme Court discussed the scope of Article 227 and emphasized that High Courts should not interfere unless there is manifest illegality or failure of justice.
It reinforced that Article 227 is to be used sparingly to avoid judicial overreach.
5. Collector, Land Acquisition v. Mst. Katiji, AIR 1987 SC 1353
Though primarily about writ jurisdiction, the case highlighted that supervisory jurisdiction under Article 227 extends to ensuring fair procedure and legality in administrative actions.
It reinforced the principle of judicial control over administrative tribunals.
6. Difference Between Article 227 and Article 226
| Aspect | Article 227 | Article 226 |
|---|---|---|
| Jurisdiction | Supervisory over all courts and tribunals | Writ jurisdiction for enforcement of rights |
| Nature | Supervisory, corrective | Protective, enforcement |
| Scope | Limited to subordinate courts and tribunals | Includes any authority violating fundamental rights or law |
| Remedy Type | Generally discretionary, not appellate | Mandamus, prohibition, certiorari, etc. |
| Invocation | Usually by aggrieved party or suo motu | By aggrieved party |
7. Conclusion
Article 227 plays a crucial role in administrative law by empowering High Courts to maintain the integrity, fairness, and legality of decisions by subordinate courts and tribunals. It acts as an important constitutional safeguard against arbitrariness, abuse of power, and miscarriage of justice in administrative adjudication.
While the power under Article 227 is wide and flexible, courts exercise it with restraint to maintain a balance between judicial supervision and administrative efficiency.
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