SC: Recording Of Reasons: Approach Of Article 136 Cannot Be Adopted While Deciding Petitions By The High Court Under Article 227

OVERVIEW

On 1st February 2021, the Apex Court stated that the path of Article 136 of the Constitution cannot be followed while the High Court judges on pleas pursuant to Article 227 of the Constitution of India.

The Division Bench of Justice SK Kaul and Justice Hrishikesh Roy made the observations at the review of an argument brought against the order of the High Court of Justice of Madhya Pradesh pursuant to Article 227 of the Constitution, eviscerating the regulation of the Board of Revenue, Gwalior.

The Court forgo the challenged decision and referred the case back to the High Court for reconsideration of the reasons and the submissions of the parties.

FURTHER DETAILS & COURT’S OBSERVATION

In its order, the Supreme Court observed that, while the High Court claimed that the entities concerned had long-standing claims, those arguments were not expressed in its order.

In the opinion of the Judiciary, it is not appropriate, in a situation such as this, to record elaborate explanations, but because these concerns are appealed to the Supreme Court for reasons, they must be reported in order to make it clearer for the Court to consider what was weighing with the Judge when rejecting the petition.

The Court then set aside the challenged order and referred the matter back to the High Court for reconsideration in such a manner that the order to be handed down, in one way or another, on the same grounds, even though it is brief. The Court further ordered the case to be examined by another judge.

The Court noted that the path of Article 136 of the Constitution cannot be taken while the High Court judges on petitions pursuant to Article 227 of the Indian Constitution.

ARTICLE 136 OF THE INDIAN CONSTITUTION

Article 136 of the Constitution of India confers exclusive powers on the Supreme Court of India to give special leave, to petition towards any decision or order or declaration in any subject or cause passed or rendered by any court or tribunal in the jurisdiction of India.

As a discretionary power bestowed on the Supreme Court of India, the court can, in its discretion, refuse to grant leave to appeal.

ARTICLE 227 OF THE INDIAN CONSTITUTION

Article 227 of the Constitution states that a High Court shall have authority over all courts and tribunals in the territories in respect of which it exercises jurisdiction (except a court formed under a law related to armed forces).

Pursuant to this Article, the High Court may order the restoration of such courts, lay down and issue general rules and lay down forms to govern the proceedings of such courts and lay down forms in which books, entries and accounts are kept by the officers of any such court.

DO YOUR OPINIONS ALIGN WITH THAT OF THE SUPREME COURT? LET US KNOW IN THE COMMENTS BELOW!

Click here to download the original copy of the judgment