RAMESH CHAND TIWARI Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Following question has been referred to us for adjudication :-

(2.) In our endeavour to answer the question, we may begin with noticing that the power of superintending control conferred by Article 227 of the Constitution is similar to the control exercised by the Court of Kings Bench over the inferior Courts of England under the Common Law. The history of Article 227 and its scope were considered by the Apex Court in Waryam Singh v. Amarnath (1954) SCR 565 : (AIR 1954 SC 215) and it was indicated that the material part of Article 227 substantially reproduces the provisions of Section 107 of Government of India Act 1915, except that the power of superintendence has been extended by the Article also to Tribunals. The history of Article 227 suggests that the framers of our Constitution believed that they were restoring to the High Courts the power which had been taken away by Section 224(2) of Government of India Act, 1935. In the original Constitution of India Article 227 was devised to empower the High Court to exercise its supervisory jurisdiction not only over inferior Courts within its territory but also over statutory or quasi judicial Tribunals to ensure that all these inferior bodies exercise the powers conferred on them within the bounds of their authority and in a legal manner. But the supervisory jurisdiction of the High Courts over all administrative Tribunals was abolished by the 42nd Amendment Act, 1976 on the ground that it caused delay and obstruction in the implementation of Government Policies. The Pre-1976 position has however been resolved by the 44th Amendment Act 1978, so that all the Tribunals other than Military Tribunals are again brought under the supervision of the High Court.

(3.) Article 227 of the Constitution has been the subject matter of various decisions. In Baby v. Travancore Devaswom Board. (1998) 8 SCC 310 : (AIR 1999 SC 519), the Apex Court held that the powers of the High Court under Article 227 are in addition to the powers of revision conferred on it by other legislation.