Supreme Court Establishes Key Principles for High Court Jurisdiction Under Article 227

Article 227 of the Indian Constitution confers upon every High Court the power of superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction. In its recent summary, the Supreme Court re-emphasised that this power is extraordinary and should be exercised sparingly. The primary objective is to keep subordinate courts within the ambit of their jurisdiction and to prevent a 'patent perversity' or a 'manifest injustice.'

The Court distinguished Article 227 from Article 226, noting that while the latter is often used to enforce fundamental rights against the state, Article 227 is strictly focused on the administrative and judicial supervision of lower courts. The principles established clarify that High Courts cannot substitute their own judgment for that of the lower court unless the findings are perverse or based on no evidence at all. This ruling serves as a vital guide for judicial officers and legal practitioners in navigating the supervisory role of the higher judiciary.

• Superintendence Scope: All courts and tribunals in the state
• Nature of Power: Non-appellate and discretionary
• Criteria for Intervention: Jurisdictional error or patent perversity
• Relationship: Distinct from Article 226 writ powers

Glossary

Article 227: Constitutional provision giving High Courts the power of superintendence over all subordinate courts and tribunals.

Patent Perversity: A legal term for a decision that is so unreasonable or against the evidence that no rational person could have reached it.