How does Article 227 affect judicial review?
Asked by: Karlie Price DVM | Last update: June 27, 2026Score: 5/5 (24 votes)
Article 227 of the Indian Constitution shapes judicial review by granting High Courts the power of superintendence over all subordinate courts and tribunals within their jurisdiction. This allows High Courts to ensure legal oversight, but recent rulings, including in 2026, emphasize that this is a narrower, supervisory power rather than a broad appellate jurisdiction.
What judicial review is and how it affects the Constitution?
Judicial review is the power of U.S. courts to examine the actions of the legislative, executive, and administrative arms of government to determine whether they are consistent with the Constitution. Actions deemed inconsistent are declared unconstitutional and nullified. Established by Marbury v. Madison (1803), it makes the Supreme Court the final arbiter of constitutional meaning.
What are the powers of Article 227?
Under Article 227 of the Constitution, the High Court does not issue a writ of certiorari. Article 227 of the Constitution vests the High Courts with a power of superintendence which is to be very sparingly exercised to keep tribunals and courts within the bounds of their authority.
What article gives judicial review?
Judicial review is not explicitly mentioned in a single article of the U.S. Constitution but is an implied power derived primarily from Article III (the Judicial Branch) and Article VI (the Supremacy Clause). It was formally established by the Supreme Court in Marbury v. Madison (1803) as the power to declare laws unconstitutional.
What is the difference between Article 227 and 226?
The power under Article 227 is a power that can be exercised only over courts and tribunals. On the other hand, the power under Article 226 is a power that can be exercised not only over courts and tribunals, but also over other bodies like the Government.
Marbury v. Madison, EXPLAINED [AP Gov Required Cases]
What is an example of a judicial review?
Judicial review is the power of U.S. courts to examine actions by the legislative, executive, and administrative branches to determine if they are constitutional. Key examples include invalidating federal laws (Marbury v. Madison), striking down state laws (Brown v. Board of Education), and reviewing executive actions.
What is article 32 and 226?
Article 32: The Supreme Court may issue writs including habeas corpus, mandamus, prohibition, quo warranto and certiorari. Article 226: The High Courts have the same kinds of writs but for a much broader purpose, which includes the enforcement of legal rights.
What is the purpose of Article 227?
Article 227, by contrast, grants High Courts the power of superintendence over all courts and tribunals within their territorial jurisdiction.
What is the criminal revision under Article 227?
Chanchani” wherein it was specifically held that when no offence has been proven against an accused person, he may apply to the High Court under Article 227 of the Indian Constitution or section 482 of the CrPC to have the proceeding quashed against them.
What are the penalties for violating Article 227?
A violation of any provision of this section when the amount the employer failed to pay into the fund or funds exceeds five hundred dollars ($500) shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or in a county jail for a period of not more than one year, by a fine of ...
Why is judicial review constitutional?
/kɒnstɪˈtuʃənəl/ Other forms: constitutionals. Constitutional means having to do with the document that is the foundation of a government — in the US, a constitutional right is one provided to you by the US Constitution.
What is a possible outcome from judicial review?
A possible outcome from judicial review is that a court declares a legislative act, executive order, or administrative regulation unconstitutional or invalid, effectively nullifying the policy. The judiciary can strike down laws, order government officials to comply with statutes, or send decisions back to agencies to be made again.
Has any president ignored a Supreme Court order?
In two notable nineteenth-century cases—Worcester v. Georgia (1832) and Ex parte Merryman (1861)—presidents took no action to enforce Supreme Court rulings under circumstances where many argued that they were obligated to do so.
How does Article 227 ensure judicial accountability?
It is intended to ensure that subordinate courts and tribunals act within the bounds of their authority, follow the settled principles of law, and do not suffer from jurisdictional error, perversity, or grave procedural irregularity. In essence, Article 227 is not a tool for routine interference.
Does Article 227 apply to tribunals?
Article 227 grants the High Courts the power of superintendence over all courts and tribunals within their jurisdiction. Historically, this supervisory jurisdiction was intended for tribunals created by statute or exercising sovereign functions.
Can fir be quashed under article 226?
Whenever an accused comes before the Court invoking either the inherent powers under Section 482 of the Code of Criminal Procedure (CrPC) or extraordinary jurisdiction under Article 226 of the Constitution to get the FIR or the criminal proceedings quashed essentially on the ground that such proceedings are manifestly ...
What are the three types of judicial review?
Definition: Standard by which the Supreme Court evaluates the constitutionality of certain governmental actions. The three levels of judicial scrutiny are strict scrutiny, intermediate (or heightened) scrutiny, and ordinary (or minimum) scrutiny.
Who can writ petition under Article 226 be filed against?
(2) A writ petition under Article 226 of the Constitution of India may be maintainable against (i) the State Government; (ii) Authority; (iii) a statutory body; (iv) an instrumentality or agency of the State; (v) a company which is financed and owned by the State; (vi) a private body run substantially on State funding; ...
What is the difference between Article 226 and Article 227?
The difference between Articles 226 and 227 of the Constitution was well brought out in Umaji Keshao Meshram v. Smt. Radhikabai. Proceedings under Article 226 are in exercise of the original jurisdiction of the High Court, while the proceedings under Article 227 are not original but only supervisory.
What does Article 226 provide for?
ARTICLE 226
Power of High Courts to issue any person or authority, including in appropriate case any Government, directions, orders or writs, for the enforcement of any of the rights conferred by Part III and for “any other purpose.”