Judgment:
The Original Petition is filed by the second respondent in Appeal No.288 of 2011, on the file of the Tribunal for Local Self Government Institutions, Thiruvananthapuram. The petitioner challenges the order passed by the Tribunal in I.A.No.422 of 2011. The Registry raised an objection that the Tribunal for Local Self Government Institutions (hereinafter referred to as ‘the Tribunal’) is not included in the Schedule to the Kerala High Court Superintendence of Tribunal Rules, 1989 and therefore, the Tribunal does not come under the supervisory jurisdiction of the High Court.
2. Article 227 of the Constitution of India provides for the power of superintendence by the High Court over Courts and Tribunals Clauses 1 and 2 of Article 227 read as follows:
“(1) Every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction.
(2) Without prejudice to the generality of the foregoing provisions, the High Court may---
(a) call for returns from such courts;
(b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and
(c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts.”
3. The power of superintendence as mentioned in clause (1) of Article 227 includes judicial superintendence as well, and not merely administrative superintendence. The power of superintendence extends to over all courts and tribunals through out the territories in relation to which the High Court exercises jurisdiction. All courts and tribunals within the territorial limits of the jurisdiction of a High Court are subject to the power of superintendence of that High Court under Article 227 of the Constitution. Clause (2) of Article 227 is without prejudice to the generality of clause (1). Clause (2) of Article 227 deals with administrative superintendence.
4. Kerala High Court Superintendence of Tribunals Rules, 1989 (hereinafter referred to as the ‘Tribunal Rules’) were framed in exercise of the power conferred under clause (1) of Article 227 of the Constitution of India. Rule 3(iii) of the Tribunals Rules defines “Tribunal” as follows:
“(iii) ‘Tribunal’ means Tribunals in the State of Kerala which are included in the schedule attached hereto and all other Tribunals over which the High Court has the power of superintendence under Article 227 of the Constitution of India, irrespective of their nomenclature, which may from time to time be included in the Schedule.”
Rules 4 to 6 of the Tribunals Rules read as follows:
“4. Tribunals to submit returns. --- Every Tribunal shall submit to the High Court returns in such forms as may be prescribed and furnish such other particulars as may be required, in relation to its function, as may be called for by the High Court by any special or general order.
5. Norms for disposal. --- For the purpose of efficient and speedy disposal of cases by the Tribunals, the High Court shall fix from time to time the norms for the quantum of work to be turned out by a Tribunal and review the work turned out by the Tribunals periodically and issue necessary instructions to ensure compliance with the prescribed norms.
6. Inspection by the Administrative Judge. – (1) There shall be periodical inspection of the Tribunal by the Administrative Judge who may, for efficient discharge of the functions of the Tribunal, give such instructions or directions as are considered necessary and the same shall be complied with.
(2) The Chief Justice may inspect any Tribunal at any time for the purpose of ensuring efficient discharge of its functions by the Tribunal”.
5. The definition of ‘Tribunal’ in the Tribunals Rules indicates that it means such Tribunals in the State of Kerala which are included in the Schedule attached to the Tribunal Rules and which may from time to time be included in the Schedule. The objection raised by the Registry is based on the definition of ‘Tribunal’ in the Tribunals Rules. Rules 4 to 6 in the Tribunals Rules provide for submission of returns by the Tribunals, fixing of norms for speedy disposal of cases and for inspection of the Tribunals by the Administrative Judge. The Tribunals Rules do not and cannot control clause (1) of Article 227 of the Constitution of India. The statement in the Tribunals Rules that the Rules are made in exercise of the powers under clause (1) of Article 227 of the Constitution of India, appears to be incorrect. The Tribunal Rules could be framed only under clause (2) of Article 227 of the Constitution of India. Only on the ground that a particular tribunal is not included in the Schedule to the Tribunals Rules, it cannot be said that the High Court cannot exercise the power of judicial superintendence under Article 227(1) of the Constitution of India over such Tribunal. Non-inclusion of a Tribunal in the Tribunals Rules has no significance or consequence on the power of superintendence of the High Court under clause (1) of Article 227 of the Constitution. The power of superintendence provided under clause (1) of Article 227 cannot be defeated by any legislation or subordinate legislation. The power of superintendence under Article 227 forms part of the basic structure of the Constitution. What is intended by the Tribunals Rules is that the requirements of Rules 4 to 6 therein would apply to those Tribunals which are included in the Schedule thereunder. The Tribunals Rules have no significance at all in the exercise of jurisdiction of the High Court under clause (1) of Article 227 of the Constitution of India.
6. In L. Chandra Kumar v. Union of India and Others (AIR 1997 SC 1125), the Supreme Court held thus:
“79. We also hold that the power vested in the High Courts to exercise judicial superintendence over the decisions of all Courts and Tribunals within their respective jurisdictions is also part of the basic structure of the Constitution. This is because a situation where the High Courts are divested of all other judicial functions apart from that of constitutional interpretation, is equally to be avoided.”
For the aforesaid reasons, the objection raised by the Registry is overruled. The Registry will number the Original Petition.