Power of Superintendence Over All Courts by High Court
Official heading: “Power of superintendence over all courts by the High Court .”
- Source edition
- The Constitution of India (as on 1 May 2026)
- Source locator
- Part VI, Article 227, printed pages 105–106
- Last human source-link check
- Not yet checked
- Last human legal review
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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
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.
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
6. Sources & Historical Assembly Deliberations
Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.
- •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.
