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Article 227

Power of Superintendence Over All Courts by High Court

Official heading: “Power of superintendence over all courts by the High Court .”

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Source edition
The Constitution of India (as on 1 May 2026)
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Part VI, Article 227, printed pages 105–106
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1. In One Sentence

Article 227 vests in every High Court the power of judicial and administrative superintendence over all courts and tribunals throughout its territorial jurisdiction.

2. What It Means in Everyday Language

Article 227 confers broad supervisory jurisdiction upon the High Court over the entire subordinate judiciary and administrative tribunals functioning within its territorial limits.

Judicial and Administrative Scope: Under Clause (1), every High Court has superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction. This includes both administrative superintendence (inspecting records, regulating administrative procedures, prescribing accounting books) and judicial superintendence (keeping subordinate courts within the bounds of their legal authority).

Distinction from Article 226: While Article 226 is invoked through formal adversarial writ proceedings to quash specific orders, Article 227 is a supervisory power exercised sparingly to prevent grave injustice, correct jurisdictional errors, or cure patent procedural perversity.

Military Exemption: Under Clause (4), the superintendence power does not extend to any court or tribunal constituted by or under any law relating to the Armed Forces (military court-martials).

3. Practical Illustrative Example

Everyday Scenario:

A State rent control tribunal arbitrarily refuses to take an essential defence on record in patent violation of natural justice, and the statute provides no immediate appeal.

Core takeaway: Under Article 227, the aggrieved party files a supervisory petition in the High Court, which exercises superintendence to direct the tribunal to act in accordance with law.
Illustrative Notice: Article 227 is not an ordinary appellate forum; the High Court will not re-appreciate factual evidence unless the lower court's finding is perverse.

4. Important Limits, Qualifications & Exceptions

Article 227 ensures supervisory oversight and systemic integrity across subordinate courts and tribunals.

  • Superintendence extends over all subordinate courts and statutory tribunals.
  • Combines administrative supervision (Clause 2) and judicial correction.
  • Exercised sparingly to prevent grave failure of justice or abuse of process (Surya Dev Rai doctrine).
  • Expressly excludes Armed Forces courts and tribunals under Clause (4).

5. Operative Constitutional Text

(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; and (c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts. (3) The High Court may also 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: Provided that any rules made, forms prescribed or tables settled under clause (2) or clause (3) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the Governor. (4) 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.
Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata
  • •
    Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
    Government of India (Legislative Department, Ministry of Law and Justice) • Part VI, Article 227, printed pages 105–106 • Human source-link check pending

    Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource

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