Approach of Art.136 Cannot Be Adopted While Deciding Petitions by The High Court Under Art.227: SC

Approach of Art.136 Cannot Be Adopted While Deciding Petitions by The High Court Under Art.227: SC

On Monday, the Supreme Court observed that, according to Article 227 of the Constitution of India, the method alluded to in Article 136 of the Constitution cannot be followed while the High Court judges on petitions. 

On hearing an appeal filed against the order of the Madhya Pradesh High Court under Article 227 of the Constitution, the Division Bench of Justice SK Kaul and Justice Hrishikesh Roy made the statement, assaulting the order of the Board of Revenue, Gwalior. The Court set aside the order under appeal and remitted the case for reconsideration by the High Court for careful documentation of the grounds.

In its order, the Top Court found that while the High Court claimed that the parties concerned had advanced claims at length, those arguments were not expressed in its order. In the opinion of the Court, in a case such as this, it is not appropriate to record detailed reasons, but because such cases are intended to report elaborate reasons, these matters are appealed to the Supreme Court, the reasons must be documented to encourage the Court’s interpretation of what weighed with the Judge when refusing the petition.

Accordingly, the Court set aside the order under appeal and remitted the case back to the High Court for reconsideration in such a manner that, even though they were brief, the order to be moved one way or the other documents justified the same. 

The Court further ordered the case to be heard by a separate judge. The Court noted that, according to Article 227 of the Constitution of India, the method of Article 136 of the Constitution cannot be followed when ruling on petitions by the High Court.

Article 136 of the Constitution of India confers exclusive authority on the Supreme Court of India to give special leave, to bring an appeal against any decision or order or declaration in any matter or cause, to be followed or to be brought before any court or tribunal in the territory of India. As a discretionary power vested in the Supreme Court of India, the court can refuse to grant leave to appeal at its discretion.

Article 227 of the Constitution states that all High Courts shall have authority over all courts and tribunals in the jurisdictions in terms of which they exercise jurisdiction (except a court formed under a law related to armed forces). The High Court may, pursuant to this Article, invite returns from such courts to make, and issue general rules and prescribe forms to govern the proceedings of such courts and prescribe forms in which the officers of any such court shall keep books, entries, and accounts.

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‘Law is not law if it violates the principles of eternal Justice’ very beautifully penned down by Lydia Maria Child and I strongly believe, if the law is not made for the goods of people then at least it should not violate the essence of the principle of law that is “JUSTICE”. Law is made to keep each section of society on an equal platform and being a member of the law fraternity, I will try to contribute to the welfare of society. I am Purnima and I graduated from zoology (Hons) and am currently pursuing a law degree from Lloyd law college, Greater Noida. My desire is to bring a fair and unjust environment to our society through my hard work and persistent efforts.