In which of the following cases does the power of superintendence of High Courts not extend? 1.…
Article 227(1) gives every High Court superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction, but Article…
Choose your answer
In which of the following cases does the power of superintendence of High Courts not extend?
1. Administrative Tribunals constituted under the Administrative Tribunals Act, 1985.
2. Tribunals created under the Army Act, 1950
3. Tribunals created for adjudication of disputes with regard to inter-state rivers.
4. Motor Accidents Claims Tribunals constituted under the Motor Vehicles Act, 1988.
Answer and explanation
Correct answer B
Article 227(1) gives every High Court superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction, but Article 227(4) excludes any court or tribunal constituted by or under any law relating to the Armed Forces, such as those under the Army Act, 1950 (item 2). Tribunals adjudicating inter-State river water disputes are also outside it, because Article 262(2) and section 11 of the Inter-State River Water Disputes Act, 1956 bar courts from exercising jurisdiction over such disputes (item 3). Administrative Tribunals remain subject to the High Courts' jurisdiction under Articles 226 and 227 after L. Chandra Kumar v. Union of India (1997) (item 1), and Motor Accidents Claims Tribunals are subordinate tribunals whose awards are appealable to the High Court under section 173 of the Motor Vehicles Act, 1988 (item 4). Hence the answer is "2 and 3".
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