Consider the following statements.1. The constitution does not place ...
The constitution does not place any restriction on this power of superintendence over the subordinate courts, it is not only by means of appeal by the person, it can be suo motto. It is of the nature of revision as it verifies the earlier judgments. In this regard it is considered as a special function as the Supreme Court has no similar power vis a vis the High Court.
Consider the following statements.1. The constitution does not place ...
The correct answer is option 'D', i.e., all of the statements are correct.
Explanation:
1. The power of superintendence over the subordinate courts is vested in the High Courts under Article 227 of the Constitution of India. The constitution does not place any restriction on this power, allowing the High Courts to exercise their superintendence over the subordinate courts.
2. The power of superintendence can be exercised not only through appeals but also suo motu. Suo motu refers to the power of the court to initiate proceedings on its own accord without any party bringing the matter before it. This means that the High Courts can take cognizance of any matter related to subordinate courts and intervene in the interest of justice, even without a formal appeal or application.
3. The power of superintendence is not limited to the revision of judgments. While it does include the power to revise and correct judgments, it goes beyond that. The power of superintendence involves the overall supervision, control, and direction of the subordinate courts. It includes ensuring that the subordinate courts are functioning properly, maintaining discipline among the judges and staff, and upholding the principles of justice.
In conclusion, all the statements provided are correct. The power of superintendence over the subordinate courts is a significant power vested in the High Courts, allowing them to exercise control and supervision over the lower courts. This power is not restricted by the constitution and can be exercised through appeals as well as suo motu. It goes beyond just revising judgments and involves the overall supervision and functioning of the subordinate courts.