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jurisdiction of high court under articles 226 and 227

Advocate, High court

JURISDICTION OF HIGH COURT UNDER Articles 226 and 227 of CONSTITUTION OF INDIA.

Constitution of India, Arts.226, 227 - High Court exercises jurisdiction under Arts.226, 227 over the decision of all the Courts and Tribunals, whether subordinate to it or not.  

 

 The writ petitions under Articles 226 and 227 of the Constitution of India, challenging judgment and order of Administrative Tribunals are entertained and decided by the Division Bench only. The Division Bench of the High Court exercises jurisdiction under Articles 226 and 227 of the Constitution of India over the decisions of all the Courts and Tribunals, whether subordinate to it or not, similar is the widdth and depth of the power/jurisdiction of the Single Judge under Articles 226 and 227 of the Constitution of India over the Courts, Tribunals or Authorities passing orders under any enactments specified under Rule 18 of Chapter 17 of the Bombay High Court Appellate Side Rules, irrespective of the fact whether those Courts or Tribunals/Authorities are subordinate to the High Court or not. The Rule is that all writ petitions filed under Article 226 or 227 or both under Articles 226 and 227 are required to be decided by the Division Bench. It is only by way of an exception that the writ petitions under Article 226 or 227 or both under Articles 226 and 227, arising out of orders passed by subordinate Court or any quasi judicial authority or Tribunal, in exercise of statutory power conferred by enactments specified under Rule 18 of Chapter 17 of Bombay High Court (Appellate Side) Rules, the Single Judge is competent to entertain and decide. The exception is not in relation to subordination of Courts, quasi judicial authorities or Tribunals, but it is in relation to orders passed in exercise of statutory powers to adjudicate conferred by the enactment specified under Rule 18 of Chapter 17 of the aforesaid Rules. Apart from this, bare reading of Article 227(1) of the Constitution of India no where indicate that the Single Judge exercises his power of superintendence over only such judicial, quasi judicial authorities and Tribunals which are subordinate to the High Court and not over the judicial, quasi judicial authorities and Tribunals which are not subordinate to the High Court. The word "subordinate", does not at all appear under Article 227 of the Constitution of India and hence the power of the High Court under Article 227 of the Constitution of India cannot be curtailed, restricted or limited to the supervisory jurisdiction over the Courts and Tribunals or authorities which are subordinate to the High Court. The extraordinary jurisdiction conferred upon High Court under Articles 226 and 227 of the Constitution of India is wide enough to include not only to issue the prerogative writs, such as the writ in the nature of Habeas Corpus, Mandamus, Prohibition, Quowarranto and Certiorari, not only for violation of fundamental rights, but also for "any other purpose" as is clear from the language under Article 226 of the Constitution of India.

 2006(1) ALL MR 494 contrary to AIR 1986 SC 1272. 

(1997)3 SCC 261 - Rel. on. 

MRS. MANGALA W/O. SHARAD MUTHA & ORS. VS. STATE OF MAHARASHTRA & ORS.

      2009-ALL MR-6-598   (Paras 47 to 49)  

 

 

 
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