CIVIL, constitution

Power of the High Court under Article 227 of Constitution

  • State vs. Navjot Sandhu @ Afshan Guru, reported in (2003) 6 SCC 641, points out that in para 22 of the this decision, the Supreme Court has held that the High Court can exercise its power of judicial review in criminal matters and that Article 227 does not only confer power of superintendence of administrative nature on the High Court, but also power of superintendence of judicial nature, although this power of judicial superintendence, under Article 227, has to be exercised sparingly and only to keep subordinate Courts and Tribunals within the bounds of their authority and not to correct their mere errors and when the exercise of power could be possible under Article 227 or Section 482 of the Cr.P.C., it may not always be necessary to invoke Article 226.