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(4) Nothing in this Article shall be deemed to confer on a High Court powers of superintendence over any Court or Tribunal constituted by or under any law relating to the Armed Forces."

44. During the period i.e. from February 1, 1977, which is the date on which 42nd Amendment Act, 1976 came into force, up till June 20, 1979, which is the date on which the 44th Amendment Act, 1979 came into force restoring Art. 227 to the position that stood before the 42nd Amendment, it read as follows :

45. As on date, Art. 227(1) gives the power of superintendence to the High Court over all Courts and Tribunals throughout the territories in relation to which it exercises jurisdiction. Sub-clause (2) of Art. 227 gives the particulars regarding which the High Court can act administratively. Sub-clauses (3) and (4) of Art. 227 also prescribe the limitation regarding the powers that is exercisable by the High Court. It will be seen from clauses (2) and (3) Art. 227 that there is reference only to Courts and not to Tribunals. Even Art. 228 speaks of Court subordinate to the High Court and does not spell out cases pending before Tribunals. Mr. M. C. Bhatt, learned Counsel appearing for the appellants, pointing out the 42nd Amendment which we have extracted above, contended that the Administrative control which was taken away by this amendment was again given to the High Court by the 44th Amendment by adding the word 'Tribunals'. We are not able to appreciate this argument. By 42nd Amendment, the powers of the High Court were restricted. Before 42nd Amendment, the High Court had by way of superintendence, power over all Courts and Tribunals. But after the 42nd Amendment, its power was restricted to all Courts subject to its appellate jurisdiction. In this 42nd Amendment, sub-clause (5) of Art. 227 specifically excluded the jurisdiction of the High Court to question any judgment of any inferior Court which is not otherwise subject to appeal or revision. By restoring the Art. 227 to its original position by the 44th Amendment, the judicial superintendence of the High Court was enlarged. It will be significant to note that Art. 227(1) spells out the superintendence of the High Court over all Courts and Tribunals while in art. 235, it speaks about the control over District Courts and Courts subordinate thereto by the High court. It is only in Art. 235 the power of posting, promotion and grant of leave are spelt out. Thus, it is clear that the use of word 'superintendence' in Art. 227 relates only to the judicial superintendence and not administrative control by the High Court. The administrative control of the High Court has been clearly spelt out by Art. 235 of the Constitution. The learned Advocate General correctly pointed out that the power of posting and promotion will also include transfer of the Judges of the District Courts and also the Judges inferior to the post of District Judge.