Constitution law ASSIGNMENT, Assignments of Constitutional Law

Download Constitution law ASSIGNMENT and more Assignments Constitutional Law in PDF only on Docsity!

ASSIGNMENT WORK

NAME- AYUSH SHUKLA

CLASS- BA.LL.B (II year) SEC- A

ID- 18FLICDDNO

Question: The High Court’s power of superintendence under article 227 is of an administrative as well as judicial nature. Discuss?

Answer: Yes, as we all know The Constitution of India was such a

perfect codified constitution where there was many articles which deals with the Power of Judicial authorities and there values so every individual was aware about there judicial rights. As same now we discuss about the power of High Court given under Art.227 of India Constitution to superintendence over all the court by the High court in the aspect of

• ADMINISTRATION
• JUDICIAL NATURE As we know under Art.227: (1) Every High court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercise jurisdiction. (2) Without prejudice to the generality of the preceding provision, the High Court may- (a) call for returns from such courts;

Like the Supreme Court, each high court is also to be a ‘court of record’ and of original and appellate jurisdiction with all the powers of such a court including the power to punish for its contempt(article 215). The High Court is binding on all subordinate courts within the state or within the territory covered by the jurisdiction of the High Court. It is the highest court of appeal in a state. From the case of Tirupati Balaji Developers (p)ltd. V/s State of Bihar, we can find out the judicial nature which says ‘ The Supreme Court and the High Court both were to be thought of as brothers in the administration of justice, the high court has larger jurisdiction but the Supreme Court still remains the elder brother ”. A High court is essentially a court of appeal. It has appellate jurisdiction over subordinate courts. It may reduce the sentence or even acquit the accused against the judgement of a lower court. The power of superintendence includes a revision jurisdiction to intervene in cases of gross injustice or non-exercise or abuse of jurisdiction, even through no appeal or revision against the orders of such tribunal was otherwise available. This power of superintendence is wider than the power conferred on the high court to control inferior courts through writs under article 226 it is not confined only to administrative superintendence (calling of returns, rules for regulating the practice and proceedings of the

lower courts) but also judicial superintendence. The jurisdiction under article 226 can be exercised on a prayer made on behalf of the party aggrieved, but the supervisory jurisdiction can be exercised ‘ suo motu ’ as well. Every high court has full control over its staff the salaries and allowances of the judges and of the high court staff are all charged on the consolidated fund of the state appointments of officers and staff of a high court are made by the chief justice of the court or by such other judge or officer of the court as he may decide. Conclusion: Article 227 of the Indian Constitution confers supervisory powers on the High Court over all the inferior courts. The supervisory power manifests itself in the form of being able to revise decisions of courts or tribunals in its jurisdiction. Such powers of revision are subject to such restrictions as laid down in the law and evolved through judicial decisions as hereinbefore mentioned.