Since you haven't provided a specific case to summarize, I will provide a general explanation of Article 227 of the Constitution of India. This will serve as a template for how I would summarize a specific case related to Article 227, if you provide one.
Short Summary
Article 227 of the Constitution of India grants the High Court the power of superintendence over all courts and tribunals within its territorial jurisdiction. This power includes both administrative and judicial superintendence, ensuring the proper functioning and adherence to law by subordinate courts. It is a discretionary power, to be exercised sparingly and only to keep subordinate courts within the bounds of their authority.
Facts
Article 227 is a constitutional provision. There are no specific "facts" in the same way as a typical court case. The "facts" are the constitutional provisions themselves, and the historical context surrounding their enactment. The article was designed to maintain the High Court's oversight of the lower judiciary.
Issues
The primary legal issues that arise under Article 227 relate to:
Arguments (Hypothetical Petitioner)
In a hypothetical case where a petitioner is challenging a decision of a subordinate court under Article 227, their arguments might include:
Arguments (Hypothetical Respondent)
The respondent (typically the subordinate court or the party benefiting from its decision) might argue:
Court's Reasoning
When exercising power under Article 227, the High Court will typically consider:
The High Court will generally be reluctant to interfere with findings of fact made by the subordinate court, unless they are perverse or based on no evidence.
Conclusion
Article 227 provides the High Court with a supervisory role over subordinate courts and tribunals. The High Court can quash or modify orders of subordinate courts if they have acted illegally, without jurisdiction, or have caused a grave miscarriage of justice. However, the power is discretionary and is exercised sparingly. The High Court will consider all relevant factors before exercising its power under Article 227.
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