August 28, 2021 Prashant Kanha 0 Comments

Article 227 of the Constitution of India provides for the power of superintendence over all Courts and Tribunals throughout the territory by the High Courts. The nature of superintendence is administrative as well as judicial.

The power under Article 227 of the Constitution of India is exercised to keep the subordinate courts within the bounds of their authority, thus, this power is to be used sparingly.

The main grounds on which the High Court interferes under Article 227 of the Constitution of India are

  1. When the inferior Courts act arbitrarily
  2. When the inferior Courts act in excess of the Jurisdiction vested in them.
  3. When the inferior Courts fail to exercise jurisdiction vested in them.

It is pertinent to note that the High Court should not interfere for correcting mere error of facts or, with a finding of the subordinate court which is within the jurisdiction of such court. However, if, such finding is perverse in such a sense that no prudent person having the knowledge of law could have arrived at such finding, or the finding is not based on any material evidence or, such finding results in manifest injustice or if there is a misdirection in law then the High Court can interfere under Article 227 of the Constitution of India.

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