SCOPE OF ARTICLE 227 OF THE INDIAN CONSTITUTION: A COMPARATIVE ANALYSIS WITH ARTICLE 226

AUTHOR – KEERTHI KASTURI, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY), BANGALORE

BEST CITATION – KEERTHI KASTURI, SCOPE OF ARTICLE 227 OF THE INDIAN CONSTITUTION: A COMPARATIVE ANALYSIS WITH ARTICLE 226, ILE LEX TIMES (ILE LT), 1 (1) of 2023, Pg. 4-9, APIS – 3920 – 0040 | ISBN – 978-81-964391-3-2.

ABSTRACT

This research paper examines the significance, evolution, and jurisdiction of Article 226 and Article 227 of the Indian Constitution, which grant substantial powers to the High Courts. Article 226, known as the “writ jurisdiction,” empowers the High Courts to issue writs, orders, or directions for the enforcement of fundamental rights and other purposes. Article 227 provides the High Courts with supervisory jurisdiction over subordinate courts and tribunals. The inclusion of Article 226 and Article 227 in the Indian Constitution reflects the framers’ commitment to establishing a robust judicial system. The constituent assembly debates highlighted the need for effective remedies to protect fundamental rights and maintain judicial supremacy. Under Article 226, the High Courts have jurisdiction to exercise judicial review over administrative actions, protect fundamental rights, and issue various types of writs. Article 227 grants the High Courts the authority to correct errors, irregularities, or injustices committed by subordinate courts and tribunals. It ensures the proper administration of justice, maintenance of judicial standards, and prevention of the abuse of process. The High Court’s exercise judicial control and superintendence over lower judicial bodies, intervening when necessary to rectify jurisdictional errors or violations of natural justice. While Article 226 and Article 227 grant wide discretionary powers to the High Courts, it is essential to understand their scope and limitations. Furthermore, the review of administrative actions is limited to their conformity with the law and principles of natural justice. Article 226 and Article 227 have significantly contributed to the protection of fundamental rights, the exercise of judicial review, the maintenance of judicial independence, and the upholding of the rule of law in India. Understanding the scope and limitations of these provisions is crucial for their appropriate application within the Indian legal framework.

Keywords– Article 226, Article 227, Constituent Assembly Debates, Fundamental Rights, Supervisory