AI Overview...
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Scope of Judicial Review under Articles 226 & 227 - The scope is limited and narrow, primarily confined to checking jurisdiction, legality, and procedural fairness. Courts generally do not re-evaluate factual findings or merits of decisions unless there is a jurisdictional error or violation of principles of natural justice. Several references emphasize this limited scope, including judgments by the Supreme Court and High Courts Satya Narain Gupta VS State of Rajasthan - Current Civil Cases, Akram VS Kanti Swarup Sharma - Allahabad, Ramesh Kumar @ Ramesh Chand VS Jauhrimal Sahu - Allahabad.
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Distinction between Articles 226 and 227 - Article 226 grants wider powers to High Courts to issue writs for enforcement of fundamental rights and for other purposes, including supervisory jurisdiction. Article 227, however, is primarily a supervisory jurisdiction over subordinate courts and tribunals, with even more limited scope for interference, mainly concerning illegality or jurisdictional errors rather than factual correctness Mali (Mst. ) VS Shagufta Yasmeen - Jammu and Kashmir.
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Application in Administrative and Quasi-Judicial Contexts - Courts exercise restricted review over administrative decisions, especially regarding findings of fact or discretionary decisions, unless there is illegality, bias, or jurisdictional error. Examples include the Armed Forces Tribunal and other tribunals, where courts limit interference to preserve judicial discipline and respect for expertise GROUP CAPTAIN SAJI ABRAHAM (16647) ADM. vs UNION OF INDIA - Kerala.
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Relevant Case Insights - The courts have consistently held that interference under Articles 226 and 227 is not justified merely because a decision is unsatisfactory or erroneous; the scope is confined to legality and jurisdiction. For instance, in cases involving quashing FIRs or tribunal orders, courts have upheld decisions unless illegality or jurisdictional breach is evident Vadodara Mahanagarpalika Naukar Mandal [Vadodara] VS State of Gujarat - Gujarat, Trustees Of tribune VS Industrial Tribunal - Punjab and Haryana.
Analysis and Conclusion:
The provided sources collectively establish that Articles 226 and 227 of the Indian Constitution limit judicial review to jurisdictional and procedural aspects, avoiding merit-based review of decisions. The scope of Article 226 is broad but still limited to ensuring legality, while Article 227 offers supervisory power over subordinate courts and tribunals, with strict boundaries. Courts are not empowered to reassess factual findings unless illegality or jurisdictional issues are present. This judicial restraint maintains administrative and judicial discipline while safeguarding fundamental rights through limited but effective review mechanisms.
Search Results for "Article 226 and 227 Scope"
• India - Current Civil Cases
NISHA GUPTA
Protection of Women from Domestic Violence Act, 2005 — Section 18 & 31 — Constitution of India, 1950 — Article 226 & 227 — Scope ... —This writ petition under Article 226 and 227 of the Constitution has been filed against the order dated 3.9.2014 for quashing FIR No. 898/2014 registered at Police Station Vaishali Nagar, Jaipur City (South) for the offence under Section 31 of the Protection of Women from Domestic Violence Act, 2005
• India - Crimes
NISHA GUPTA
Protection of Women from Domestic Violence Act, 2005 — Section 18 & 31 — Constitution of India, 1950 — Article 226 & 227 — Scope ... —This writ petition under Article 226 and 227 of the Constitution has been filed against the order dated 3.9.2014 for quashing FIR No. 898/2014 registered at Police Station Vaishali Nagar, Jaipur City (South) for the offence under Section 31 of the Protection of Women from Domestic Violence Act, 2005
2003 0 Supreme(Raj) 511 • India - Rajasthan
SUNIL KUMAR GARG
Regulations, 1962, Regulations 6 and 7(1), Constitution of India, Article, 226/227 – Scope of judicial review – Supervisory negligency ... (Paras 24 to 26) ... The jurisdiction of the High Court under Article ... Conducted enquiry – Charges proved – Imposed penalty of withholding two annual grade increments without cumulative effect – Held – The scope ... Before proceeding further, legal aspect with respect to scope of judicial review and scope of in....
![Vadodara Mahanagarpalika Naukar Mandal [Vadodara] VS State of Gujarat](https://supremetoday-s3.b-cdn.net/Gujarat_small_3.png)
2008 0 Supreme(Guj) 7 • India - Gujarat
H.K.RATHOD
226/ 227 is not justified. ... 226/227—Scope—Exercise of the powers—Jurisdiction in very limited—Court cannot go into the correctness or otherwise of the decision ... 226/227 in not justified and order is just and proper. ... Singh and, therefore, same does not warrant any interference of this Court in exercise of the powers under Article 226/227 of the Constitution of India. ... 10. ... Therefore, matter does not ....
1961 0 Supreme(P&H) 27 • India - Punjab and Haryana
GROVER
RECORD - CERTIORARI - ARTICLE 226 - ARTICLE 227 - SCOPE OF INTERFERENCE - STANDING ORDERS - MISCONDUCT - INTERPRETATION - APPLICATION ... The management challenged the tribunal's order by way of a petition under Articles 226 and 227 of the Constitution. ... Final Decision: The court quashed the tribunal's order by certiorari under Article 226 of the Constitution and directed the ... The other question which cannot....
2013 0 Supreme(All) 118 • India - Allahabad
SUDHIR AGARWAL
226/227 Ratio Decidendi: The scope of judicial review under Article 226/227 is limited and narrow. ... judicial review - landlord-tenant dispute - The court held that the scope of judicial review under Article 226/227 is limited ... The court cited the limited scope of judicial review under Article 226/227 and referred to a previous judgment to....
2014 0 Supreme(All) 3116 • India - Allahabad
SUDHIR AGARWAL
of judicial review under Article 226/227. ... Ratio Decidendi: The court emphasized the limited scope of judicial review under Article 226/227 and the restricted and narrow ... of judicial review under Article 226/227 and the limited power of the High Court to interfere with findings of fact recorded by ... A Constitution Bench of Apex Court examined the scope of Article #HL_STA....
2013 Supreme(Online)(KER) 13592 • India - High Court of Kerala
K.S.RADHAKRISHNAN, BABU MATHEW P.JOSEPH, JJ
Constitution - Armed Forces Tribunal - Article 226, 227 - Limited scope of interference with interlocutory orders by the Tribunal ... We do not find any infirmity either referable to jurisdiction or on an issue of law or procedure including in the manner of exercise of discretion by the Armed Forces Tribunal, Regional Bench, Kochi, in having issued the order impugned before us requiring our visitation under Article
2022 0 Supreme(J&K) 679 • India - Jammu and Kashmir
JAVED IQBAL WANI
(ii) Jurisdiction under Article 227 is distinct from jurisdiction from jurisdiction under Article 226. ... On an analysis of the aforesaid decisions of this Court, the following principles on the exercise of High Court's jurisdiction under Article 227 of the Constitution may be formulated: (a) A petition under Article 226 of the Constitution is different from a petition under Article ... Before adverting to the issues involved in th....
2012 0 Supreme(All) 3419 • India - Allahabad
SUDHIR AGARWAL
of judicial review under Article 226/227 of the Constitution of India. ... of judicial review under Article 226/227 of the Constitution of India. ... the limited and narrow scope of judicial review under Article 226/227, citing a previous judgment to support its decision. ... The scope of judicial review under Article 226/227 is very limited an....
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