SC Clarifies Writ vs Supervisory Jurisdiction over Civil Courts
In News
What Happened
Why It Matters
Background
History & Context
What Changed
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BEFORE: Litigants often filed petitions under both Article 226 and Article 227 interchangeably to challenge civil court orders, causing procedural ambiguity. NOW: Petitions against civil court orders must strictly be filed under Article 227 (supervisory jurisdiction).
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BEFORE: There was persistent confusion on whether civil courts could be treated as 'State' instrumentalities for writ purposes. NOW: It is definitively settled that civil courts acting judicially are not 'State' under Article 12 and thus not subject to writ jurisdiction.
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BEFORE: High Courts sometimes issued writs of certiorari against lower civil courts under Article 226. NOW: High Courts can only exercise their power of superintendence under Article 227 to keep civil courts within their bounds of authority, not issue fundamental rights writs against them.
Prelims Angle
NCERT Connection
Practice Questions
Q1
Correct Statement(s)Consider the following statements regarding the jurisdiction of High Courts: 1. Orders passed by civil courts can be challenged under the writ jurisdiction of High Courts under Article 226. 2. Civil courts are not considered 'State authorities' under Article 12 of the Constitution. Which of the statements given above is/are correct?