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Article 218 of Indian Constitution:

Last Updated on Apr 11, 2025
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Overview

Name of the Article

Article 218 - Application of certain provisions relating to Supreme Court to High Courts

Part of the Constitutional Article

Part VI

Article 218 plays an important role under Part VI of the Constitution. Article 218 of Indian Constitution deals with the application of certain provisions relating to the Supreme Court to High Courts. It ensures that the provisions regarding the removal of Supreme Court judges, as mentioned in clauses (4) and (5) of Article 124 of Indian Constitution also apply to judges of the High Courts. The provision provides a uniform structure for the removal of judges across both tiers of the higher judiciary, thereby strengthening judicial accountability and ensuring the integrity of the judicial system. Explore in-depth analysis of other Constitutional Articles.

Interpretation of Article 218 of Indian Constitution

Article 218 of Indian Constitution expressly states that the process mentioned in Clauses (4) and (5) of Article 124 of Indian Constitution for the removal of Supreme Court judges shall also apply to High Court judges with essential modifications. Article 124(4) provides that a judge of the Supreme Court can only be removed on grounds of proven misbehavior or incapacity by an order of the President following an address by both Houses of Parliament supported by a two-thirds majority. Article 124(5) empowers Parliament to frame laws regarding the procedure for such removal. By extending these provisions to High Court judges, Article 218 of Indian Constitution ensures that the removal process is standardized and restrains arbitrary actions against members of the higher judiciary.

Simplified Interpretation of Article 210 of Indian Constitution

Article 218 of Indian Constitution ensures that High Court judges are removed in the same manner as Supreme Court judges. This means:

  • A High Court judge can only be removed on the grounds of proven misbehavior or incapacity.
  • The removal process requires an investigation, followed by approval from both Houses of Parliament with a two-thirds majority.
  • The President issues the final order of removal after Parliament’s approval.
  • The Parliament has the power to create laws to govern this removal process.

Article 218 of the Constitution ensures that the High Court judges are held to the similar ethical and professional standards as Supreme Court judges and maintains uniformity in judicial discipline.

Significance of Article 218 of Indian Constitution

Article 218 of Indian Constitution maintains judicial accountability and safeguards the independence of High Court judges. By expanding the removal provisions of Supreme Court judges to High Court judges, it ensures uniformity, transparency and fairness in judicial discipline.

Ensures Uniformity in Judicial Removal Process

Article 218 extends the provisions of Article 124(4) and (5) to High Court judges, ensuring that the procedure for their removal remains consistent with that of Supreme Court judges. The provision ensures uniformity and upholds judicial discipline across both levels of judiciary.

Robust Judicial Accountability

By directing a structured procedure for removal based on proven misbehavior or incapacity ensures that High Court judges are held accountable and prevents arbitrary dismissals.

Maintains Public Confidence in the Judiciary

A fair and transparent removal process strengthens public trust in the judicial system. By upholding high ethical standards and preventing judicial misconduct, Article 218 reinforces credibility in the legal system.

Prevents Arbitrary Dismissal of Judges

The High Court judges could be vulnerable to politically motivated removals without Article 218 of Indian Constitution. By requiring a rigorous process, this provision ensures that judicial tenures are secure and independent from executive interference.

Conclusion

Article 218 of Indian Constitution plays an important role in supporting judicial independence and ensuring accountability within the High Courts. The provision by explicitly stating the removal process of High Court judges with that of Supreme Court judges maintains uniformity, safeguards judicial integrity and prevents undue influence.

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FAQs about Article 218 of Indian Constitution

Article 218 states that the provisions of Article 124(4) and (5), which deal with the removal of Supreme Court judges, shall also apply to High Court judges with necessary modifications.

It maintains uniformity in the removal process of judges in the higher judiciary and safeguards judicial independence.

A High Court judge can only be removed on the grounds of proven misbehavior or incapacity, as per the process outlined in Article 124(4).

The removal process includes investigation into allegations of misbehavior/incapacity, Approval by both Houses of Parliament with a two-thirds majority and final removal order issued by the President

Yes, by mandating a rigorous removal process, it prevents arbitrary or politically motivated dismissals, thus protecting judicial autonomy.

Under Article 124(5), Parliament has the power to frame laws governing the procedure for the removal of judges, ensuring legislative oversight.

By ensuring a transparent, fair, and structured removal process, it upholds judicial ethics, thereby reinforcing public trust in the judiciary.
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