The power of superintendence conferred by Article 227 of the Constitution is distinct from the writ jurisdiction conferred by Article 226.

Dua, J.

1. This reference to Division Bench has been necessitated because a learned Singh Judge of this Court (D. K. Mahajan J.) has entertained some doubts about the correctness at the view expressed by Shamsher Bahadur J. in Phalgu Dutt V/s. Smt. Pushpa Wanti, 62 Pun LR 302: (AIR 1960 Punj 432) that authorities whose orders are challenged in a petition under Article 227 of the Constitution must be impleaded as parties to the petition and the defect of their not having been impleaded cannot be lightly ignored. We are at this stage only concerned with the question whether it is necessary in a petition under Article 227 of the Constitution to implead the Tribunal whose order is impeached in this Court under the said Article.

2. In Phalgu Dutts case, 62 Pun LR 302: (AIR 1960 Punj 432) the learned Single Judge observed that the remedy provided under Article 227 is of an extraordinary nature and there is no difference in principle or analogy in the case of a writ under Article 227 which partakes of the essential characteristics of a writ of certiorari which is the subject matter of Article 226. It is desirable at this stage to reproduce Articles 226 and 227 of the Constitution. Article 226, as its marginal heading expressly suggests, deals with the power of High Courts to issue certain writs, end, is in the following terms:-

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Power of High Courts to issue certain writs "226. (1) Notwithstanding anything in Article 32, every High Court shall have power, throughout the terri-tories In relation to which It exercises Jurisdiction, to issue to any person or authority. Including In appropriate cases any Government, within those territori-es, directions, orders or wits including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforce-ment of any of the rights conferred by Part III and tor any other purpose.

(2)the power conferred en 3 High Ccuit by clause (1) shall not be In derogation of the power conferred on the Supreme Court by clause (2) of Article & Article 227 on the contrary is 3 prevision conferring power of superintendence over all Conns and Tribunals by the High Courts, and reads as follows: - "Power of superintendence over all courts by the High Court.227, (1) (2) Every High Court shall have superinten-dence over all courts and tribunals throughout the territories in relation 19 which it exercises Jurisdiction. Without prejudice to the generality of the foregoing provision, the High court may- (a) call for returns from such courts;

(b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and

(c)proscribe forms In which books, entries and accounts shall be kept by the officers of any such courts.

(3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practising therein: Provided that any rules made, forma prescribed or tables settled under clause (2) or clause (3) shall not ba Inconsis-tent with the provision of any taw for the time being in force, and shall re-quire the previous approval of the Governor.

(4)Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court at tribunal constituted by or under any law relating to the Armed Forces."

It may here be mentioned that the power of the High court to Issue certain writs, directions and orders as conferred by Article 226 is exercisable notwithstanding anything contained in Article 32 Clause 2 of which confers on the Supreme Court power to issue "directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate", for the enforcement of any of the right conferred by Part III.

A comparison of this clause with Article 226 would show that the High Court is in addition empowered to issue directions, orders or w