WBPSC » WBPSC Study Materials » Polity » Supervisory Jurisdiction

Supervisory Jurisdiction

Article 227 of the Indian Constitution discussed Supervisory jurisdiction, which regulates the subordinate courts of India, to keep them under the boundaries set by their Jurisdiction.

Introduction

Supervisory Jurisdiction is all about exercising the power of the superintendence over the subordinate courts under article 227. High Courts of this country have been chosen as the supervisory courts of the Indian Constitution. They have utilised their power on other courts under the particular supervisory jurisdiction. These supervisors also take over all the tribunals throughout the Indian Territories but expect the tribunals and courts that are under any armed forces. The power of the superintendence is so strong at the high court’s as well as the judicial. They are capable of using suo motu against any violation committed by courts.

Discussion

Types of jurisdiction

The term Jurisdiction was driven by two Latin words Juris and Dicere The word Juris means Law in English and Dicere means to speak. There are several types of  Jurisdiction in the Indian Constitution. Among them, three main types of Jurisdiction are Personal Jurisdiction, Territorial Jurisdiction and Subject Jurisdiction. Here Personal Jurisdiction deals with the authority over a person; Territorial Jurisdiction deals with a particular area and every event that has occurred there and the Subject Jurisdiction deals with authority over a subject that is involved in the specific case. In India, The Supreme Court has mainly three types of Jurisdiction those are  Original Jurisdiction Under article 131, Appellate Jurisdiction under article 133-136 and Advisory Jurisdiction under Article 143.

Original jurisdiction happens when the court was approached first for any specific cases. The cases must have been any dispute between every area or between every court about fundamental rights and many more. Appellate jurisdiction occurs when a case was filed against a high court and now the Supreme Court can hear about the case. In advisory jurisdiction, the president of India requests the Supreme Court to give their opinion on a case or a decision. Another important subdivision of the jurisdiction is Review Jurisdiction under article 137. It provides the authority of reviewing their judgments to the Supreme Court. In this case, there are two specific grounds and those are when there is an error in the records that might lead the case in another direction and another one is when one or more new clues or evidence have been uncovered that might provide the case a new direction.

Supervisory Jurisdiction

The power of superior courts of general subordinates over the subordinate courts or tribunals, except the parts that are under any armed forces, is called the Supervisory Jurisdiction. Through the system of Supervisory Jurisdiction, the higher authority of courts aims to keep their subordinate courts under their observation. The main job of these supervisory jurisdictions is to keep the subordinate courts in their specific sphere and can prevent usurpation. Positioning this type of strong control power over the subordinate courts it is important to issue necessary and appropriate rights.

Role of Supervisory Jurisdiction

The main job role of the Supervisory Jurisdiction is to observe the high courts or every subordinate tribunal which are under the specific supreme court or supervisory jurisdiction. Supervisory Jurisdictions can take action in the faults made by their subordinate courts or tribunals. If the subordinates commit any fault or anything that is against or violates the constitution of India, the higher authority or the Supervisory Jurisdiction can punish them, and even they have the authority to execute the suo motu. The role of the Supervisory Jurisdiction in the Indian Constitution is limited and narrow. Recently the same view or opinion has been given by the Allahabad court. While dealing with some cases they have faced some problems, and they could not be able to put their authority over the subordinate courts.

There are some gaps left by the Indian Constitution in many contexts, while the amendments had been made. These gaps have now started being the boundaries for the Supervisory Courts. They are not letting the supervisory courts deal independently or take any move freely with the problems regarding the subordinate courts. So, according to the High court of Allahabad, the scope of the supervisory jurisdiction in reviewing judicial is very limited. A particular bench of the supervisory court has observed that according to the Indian Constitution, Supervisory Jurisdiction only focuses on the duties regarding the high courts, not mainly about the rights over the subordinate courts. According to the head person of that specific Judicial Bench, the supervisory jurisdiction of the Indian constitution is created just to follow the duty to observe the subordinate courts.

Conclusion

In this whole article, the topic of Supervisory Jurisdiction of the Indian Constitution was discussed elaborately.. This section mainly discussed three subtopics and those are the types of jurisdiction, supervisory jurisdiction and the last one is the role of supervisory jurisdiction.