Source: Delhi High Court

Why in News?

Recently, the Delhi High Court in the matter of Kirti v. Renu Anand & Ors., has held that the orders passed by the tribunals under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, are also separately amenable to challenge under Article 227 of the Constitution of India, 1950 (COI).

What was the Background of Kirti v. Renu Anand & Ors. Case?

• In this case, an application was filed by late Smt. Satya Rani Chopra (predecessor–in–interest of the parties) before the Maintenance Tribunal under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 seeking cancellation of the gift deed executed by her in favor of respondent with respect to third floor with roof rights of the subject property.
• The Maintenance Tribunal, by its order, allowed the said application and granted the declaration that the gift deed is null and void for all purposes.
• The aforesaid order was impugned by the respondent by filing a writ petition under Articles 226 and 227 of the COI, for setting aside the said order of the Maintenance Tribunal.
• The writ petition has been allowed by the learned Single Judge and the order of the Maintenance Tribunal was set aside.
• Thereafter, the appellant (legal heir of late Smt. Satya Rani Chopra) filed an appeal before the High Court of Delhi which was later allowed by the Court.

What were the Court’s Observations?

• A division bench comprising of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora observed that the orders passed by tribunals are, however, separately also amenable to challenge under Article 227 of the COI. As against the order of a tribunal such as the Maintenance Tribunal, the aggrieved party, therefore, has the option to either invoke Article 226 or Article 227 of the COI depending upon the nature of relief sought in the petition.

What are the Relevant Legal Provisions Involved in it?

Maintenance and Welfare of Parents and Senior Citizens Act, 2007

• This legislation is initiated by the Ministry of Social Justice and Empowerment.
• It provides for more effective provisions for the maintenance and welfare of parents and senior citizens guaranteed and recognized under the Constitution and for matters connected therewith or incidental thereto.
• Section 23 of this Act deals with the transfer of property to be void in certain circumstances.

Article 226 of the COI

• Article 226 is enshrined under Part V of the Constitution which puts power in the hand of the High Court to issue the writs.
• Article 226(1) of the COI states that every High Court shall have powers to issue orders or writs including habeas corpus, mandamus, prohibition, quo warranto, and certiorari, to any person or any government for the enforcement of fundamental rights and for other purpose.
• Article 226(2) states that the High Court has the power to issue writs or orders to any person, or government, or authority -
  • Located within its jurisdiction or
  • Outside its local jurisdiction if the circumstances of the cause of action arises either wholly or partly within its territorial jurisdiction.
• Article 226(3) states that when an interim order is passed by a High Court by way of injunction, stay, or by other means against a party then that party may apply to the court for the vacation of such an order and such an application should be disposed of by the court within the period of two weeks.
• Article 226(4) says that the power granted by this article to a high court should not diminish the authority granted to the Supreme Court by Clause (2) of Article 32.
• This Article can be issued against any person or authority, including the government.
  • This is merely a constitutional right and not a fundamental right and cannot be suspended even during an emergency.
• Article 226 is of mandatory nature in case of fundamental rights and discretionary nature when it is issued for “any other purpose”.
  • It enforces not only fundamental rights, but also other legal rights.
• The following writs are available under this Article:
  • Writ of Habeas Corpus
  • Writ of Mandamus
  • Writ of Certiorari
  • Writ of prohibition
  • Writ of Quo warranto

Article 227 of the COI

• This Article is enshrined under Part V of the Constitution which deals with the power of superintendence over all courts by the High Court. It states that-

(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 provision, 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 High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practicing therein.

Provided that any rules made, forms prescribed, or tables settled under clause (2), or clause (3) shall not be inconsistent with the provision of any law for the time being in force and shall require the previous approval of the Governor.

(4) Nothing in this article shall be deemed to confer on a High Court power of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces.