Article 227 of CoI : Article 227: Power of superintendence over all courts by the High Court.

Explanation using Example

Example 1:

Scenario: A district court in Maharashtra is experiencing significant delays in processing cases due to outdated procedural practices.

Application of Article 227: The High Court of Bombay, exercising its power of superintendence under Article 227, issues a directive to the district court to adopt new procedural rules aimed at expediting case processing. The High Court also prescribes new forms for filing cases and maintaining records to ensure uniformity and efficiency. This intervention helps in reducing the backlog of cases and improves the overall functioning of the district court.

Example 2:

Scenario: A litigant in a family court in Tamil Nadu feels that the court's procedures are not transparent and suspects irregularities in the maintenance of court records.

Application of Article 227: The litigant files a petition in the Madras High Court, invoking its supervisory jurisdiction under Article 227. The High Court, upon reviewing the petition, calls for returns from the family court to examine its practices and procedures. The High Court finds discrepancies and issues new rules for maintaining transparency in record-keeping and proceedings. Additionally, the High Court prescribes a new format for the books and accounts to be kept by the family court officers, ensuring better accountability.

Example 3:

Scenario: An advocate practicing in a subordinate court in Karnataka finds that the fee structure for legal services is inconsistent and unclear.

Application of Article 227: The advocate approaches the Karnataka High Court, which, under its powers of superintendence, reviews the existing fee structure. The High Court then settles a new table of fees for the clerks, officers, attorneys, advocates, and pleaders practicing in the subordinate courts. This new fee structure is designed to be fair and transparent, and it receives the necessary approval from the Governor before implementation.

Example 4:

Scenario: A tribunal dealing with industrial disputes in West Bengal is found to be following outdated practices that are not in line with current legal standards.

Application of Article 227: The Calcutta High Court, using its supervisory powers under Article 227, issues general rules to regulate the practice and proceedings of the industrial tribunal. The High Court also prescribes new forms for the tribunal to use in its proceedings and record-keeping. These changes help in bringing the tribunal's practices up to date with current legal standards, ensuring fair and efficient resolution of industrial disputes.

Example 5:

Scenario: A military court in Punjab is handling a case that a civilian court believes falls under its jurisdiction.

Application of Article 227: The Punjab and Haryana High Court, while having superintendence over civilian courts, does not have the authority to supervise military courts as per Article 227(4). Therefore, the High Court cannot intervene in the proceedings of the military court. The matter would need to be addressed through appropriate military legal channels or higher judicial review if necessary.