What is Article 227 of Indian Constitution – Defination & Meaning

Article 227: Power of superintendence over all courts by the High Court (1) Every High Court shall have superintendence over all courts and tribunals
📅 Part VI – The States
🏷️Active

📚 UPSC Relevant

Article Number

227

part

Part VI – The States

Status

Active

Bare Acts Text

Article 227: Power of superintendence over all courts by the High Court

  • (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.
READ ALSO  What is Article 330 of Indian Constitution - Defination & Meaning

Full Definition & Explanation

Article 227 of the Indian Constitution gives High Courts authority over all lower courts and tribunals in their jurisdiction. This means that High Courts can supervise how these courts operate, ensuring justice is administered correctly. It affects various courts, including civil and criminal courts, but does not extend to military courts or tribunals related to the Armed Forces. This article ensures a system of checks and balances within the judiciary, promoting accountability among lower courts. The High Court can issue directives, call for reports from lower courts, and establish rules for court procedures. For example, if a lower court is not following proper procedures, the High Court can intervene. It can also set fees for court officials and lawyers, making sure that the legal process is transparent and fair. This oversight helps maintain a uniform standard of justice across different courts. However, any regulations or rules established by the High Court must align with existing laws and get the Governor’s approval. This ensures that the power of supervision does not conflict with legislative requirements. The High Court’s role is key in upholding the rule of law, as it can rectify errors from lower courts and guide them in matters of legal practice. This article, therefore, plays a major role in maintaining judicial integrity and efficiency throughout the legal system.

Historical Context

Article 227 was included during the framing of the Constitution in 1950. During the Constituent Assembly debates, members emphasized the need for a judicial structure that could maintain checks and balances. This article has remained unchanged since its inception, showcasing its foundational role in the Indian judiciary. The Supreme Court has interpreted this article in various landmark cases, underlining its importance in maintaining judicial standards, such as in ‘State of West Bengal vs. Committee for Protection of Rights of Children’, emphasizing the supervisory powers of High Courts.

Key Features

– High Courts supervise all lower courts and tribunals in their jurisdiction.
– The High Court can call for returns from these courts for review.
– It can issue rules to regulate court practices and procedures.
– The High Court sets fees for court officers and practicing lawyers.
– No supervision power extends to military courts or Armed Forces tribunals.

Importance & Impact

– High Courts ensure accountability among lower courts in their jurisdiction.
– They effectively rectify errors made by lower courts during legal proceedings.
– This article promotes transparency regarding judicial fees and court practices.
– Judicial oversight enhances public trust in the integrity of the legal system.
– It plays a critical role in establishing uniform standards across various courts.

Sample UPSC Question

Consider the following statements regarding Article 227 of the Indian Constitution: 1. The High Court has supervisory powers over all courts and tribunals. 2. The High Court can set fees for court officials and lawyers. 3. High Courts can supervise military courts. Which of the statements given above are correct? A. 1 and 2 only B. 2 and 3 only C. 1 and 3 only D. 1, 2, and 3

Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3

Answer

The correct answer is A. Statements 1 and 2 are correct, as Article 227 grants High Courts supervisory powers over lower courts and allows them to set fees. However, statement 3 is incorrect because Article 227 does not give High Courts authority over military courts, which operate under separate regulations.

Key Takeaways

✓ High Courts oversee lower courts within their jurisdiction.
✓ They ensure accountability and uniformity in the legal system.
✓ Supervision powers do not extend to military tribunals.
✓ High Courts can establish rules for court practices.
✓ Approval from the Governor is needed for new regulations.

FAQs

Article 227 of the Indian Constitution gives High Courts authority over all lower courts and tribunals in their jurisdiction. This means that High Courts can supervise how these courts operate, ensuring justice is administered correctly. It affects various courts, including civil and criminal courts, but does not extend to military courts or tribunals related to the Armed Forces.

It can also set fees for court officials and lawyers, making sure that the legal process is transparent and fair. This oversight helps maintain a uniform standard of justice across different courts. However, any regulations or rules established by the High Court must align with existing laws and get the Governor’s approval.

This ensures that the power of supervision does not conflict with legislative requirements. The High Court’s role is key in upholding the rule of law, as it can rectify errors from lower courts and guide them in matters of legal practice. This article, therefore, plays a major role in maintaining judicial integrity and efficiency throughout the legal system.

Related Articles

Picture of Pramod Pal Founder and Editor-in-Chief

Pramod Pal Founder and Editor-in-Chief

Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
Scroll to Top