What are the powers of Article 227?
Asked by: scraper | Last update: August 17, 2026Score: 0/5 (0 votes)
Article 227 of the Indian Constitution empowers every High Court with supervisory jurisdiction over all subordinate courts and tribunals within its territorial jurisdiction (excluding Armed Forces tribunals). It ensures lower authorities operate within the bounds of their lawful authority.
What are the powers of the High Court under 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 is the purpose of Article 227?
Supervisory power (Article 227) lets the High Court ensure lower courts follow the law, but it doesn't allow it to hear evidence or decide cases as if it were a trial or appellate court. Appellate power, on the other hand, is used when a party appeals a decision from a lower court and wants a full review.
Who can invoke Article 227?
In fact the power of revision of the High Court exists even without Section 115 of the Code, namely, under Article 227 of the Constitution which vests the High Court with the power of superintendence under which the High Court can exercise revisional power in respect of orders passed by the civil courts.
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 ...
Article 227 | Power of superintendence by High Court #constitutionofindia #highcourt #constitution
What is the scope of article 227's supervisory power?
The scope of Article 227 empowers High Courts with vital oversight but demands restraint. It ensures subordinate courts function lawfully without transforming into an appeal forum.
What is Section 227 giving false evidence?
Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence.
Can Trump be removed from Office?
Yes, Donald Trump can be removed from office, but only through specific constitutional processes—primarily impeachment or the 25th Amendment. Both are exceptionally difficult to achieve, as they require buy-in from Congress and his own administration.
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.
What three things can remove a president from office?
Under the U.S. Constitution, a president can be removed from office through three distinct processes: Impeachment and Conviction, involuntary removal via the 25th Amendment, or resignation.
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.
Is discharge better than acquittal?
The Supreme Court has observed that an accused discharged of a criminal offence stands on a better footing than an accused acquitted after a trial, because discharge happens at the pre-trial stage due to the lack of evidence.
What is Section 227 of the Criminal Code?
Conspiracy to defile. Any person who conspires with another to induce any woman or girl, by means of any false pretence or other fraudulent means, to permit any man to have unlawful carnal knowledge of her, is guilty of a felony, and is liable to imprisonment for three years.
What does Article 227 entail?
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.
Can the president suspend habeas corpus without congressional approval?
Several days later, Taney issued his opinion. [2] Only Congress, he said, could suspend the writ of habeas corpus. He observed that the limitation on suspension of the writ appeared in Article I of the Constitution, dealing with legislative powers, not in Article II, which established executive power.
How does Article 227 impact fundamental rights?
Unlike writ jurisdiction, which mainly enforces fundamental rights and legal wrongs, Article 227's power is more administrative and supervisory. It ensures that courts and tribunals act within their jurisdiction, fairness, and judicial discipline.
Who can declare a president incompetent?
Under Section 4 of the 25th Amendment to the U.S. Constitution, the Vice President and a majority of the Cabinet can declare the President unable to discharge the duties of office, making the Vice President the Acting President.
What are three things a president Cannot do?
Under the U.S. Constitution, a president cannot make new laws, declare war, or spend federal money without congressional approval. The powers of the presidency are strictly limited by the system of checks and balances and separation of powers.
Did Liz Cheney vote to impeach Trump?
The House passed the article of impeachment on January 13, 2021, by a 232–197 vote. All 222 Democrats voted to impeach, joined by 10 Republicans (including House Republican Conference chairwoman Liz Cheney). Four Republicans did not vote, and the other 197 Republicans voted no.
What is the jurisdiction of Article 227?
Article 227, Constitution of India 1950
(1) Every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction. (c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts.
How is article 227 different from article 32?
Article 32: Grants the Supreme Court authority to issue writs for the violation of fundamental rights. Article 226: Empowers High Courts to issue writs for broader legal issues beyond fundamental rights. Article 227: Provides High Courts with supervisory jurisdiction over subordinate courts.
What is Keshavananda Bharati's case?
The Kesavananda Bharati case (1973) addressed the balance between individual rights and Parliament's constitutional amendment powers, originating from land reform laws in Kerala affecting religious institutions like the Edneer Mutt. Kesavananda Bharati challenged these amendments, arguing they violated his rights.
Can a president be declared mentally unfit?
a declaration of presidential disability by the Vice President acting in agreement with a majority of the Cabinet or such other body as Congress may establish by law (disability review body), followed by assumption of the powers and duties of the presidency by the Vice President as Acting President; and.
Who can invoke the 25th Amendment to remove a president?
6 ( In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by law provide for the Case of Removal, Death, Resignation or Inability, both of the President and ...
Has any president been successfully removed from office?
Many U.S. presidents have been subject to demands for impeachment by groups and individuals. Three presidents have been impeached, although none were convicted: Andrew Johnson in 1868, Bill Clinton in 1998, and Donald Trump twice, in 2019 and 2021.