RAS question
The power of superintendence over subordinate courts by the High Court is provided under:
Correct answer: (C) Article 227.
Article 227 of the Constitution gives every High Court superintendence over all courts and tribunals within the territories where it exercises jurisdiction, except military tribunals.
Explanation
Article 227 is the specific constitutional provision for a High Court's superintendence over subordinate judicial bodies. Every High Court has superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction. The question directly concerns supervisory authority, not writ jurisdiction or transfer of cases. Military tribunals are outside this supervisory reach, and the power is both judicial and administrative. Therefore, when RAS asks for the source of a High Court's power of superintendence over subordinate courts, the answer is Article 227.
Why the other options are wrong
- (A) Article 228 concerns transfer of cases to the High Court when they involve substantial constitutional questions, so it does not create the general power of superintendence.
- (B) Article 226 is about the High Court's writ jurisdiction, whereas the question asks about supervisory control over subordinate courts.
- (D) Article 235 deals with control over subordinate courts vested in the High Court through the Governor, not the Article 227 power of superintendence.
Concept
This tests the High Court chapter of Indian Polity, especially the distinction between writ jurisdiction, supervisory jurisdiction and control over subordinate courts. It recurs in RAS because options often place Articles 226, 227, 228 and 235 together.