( 1 ) IN this Writ Petition, which is described as a petition under Articles 226 and 227 of the Constitution of India, two questions are mainly involved. So far as Article 227 of the Constitution of India is concerned, it will be out of the picture. Subclause (4) of Article 227 of the Constitution specifically excludes courts martial from the operation of the Article. It is as follows :--"article 227 (4 ).-- Nothing in this article shall be deemed to confer on a high Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces. " therefore, court-martial can in no sense be considered to be a Tribunal subordinate to the High Court. But the said bar does not find place in Article 226 of the Constitution of India. Therefore, although courts-martial may not be considered to be Tribunals subordinate to the High Court or for the purposes of article 136 of the Constitution of India subordinate to the Supreme Court, they will be amenable to the prerogative jurisdiction of the High Court under Article 226 of the Constitution of India and to the jurisdiction of the Supreme Court under Article 32 of the Constitution of India