Article 218 of the Costitution of India with Case law
Article 218 of the Constitution of India
Title: Application of certain provisions relating to Supreme Court to High Courts
🔹 Text of Article 218:
The provisions of clauses (4) and (5) of Article 124 shall apply in relation to the High Court, the Chief Justice and the Judges thereof as they apply in relation to the Supreme Court, the Chief Justice and the Judges thereof.
📘 Explanation of Article 218:
This Article ensures consistency in the removal process of judges by extending clauses (4) and (5) of Article 124 (which relate to the removal of Supreme Court Judges) to High Court Judges as well.
✅ Key Impact:
Uniform removal procedure for:
Supreme Court Judges
High Court Judges
🔎 What are Clauses (4) and (5) of Article 124?
Article 124(4):
A judge of the Supreme Court shall not be removed from office except by an order of the President passed after an address by Parliament supported by:
Majority of total membership, and
2/3rd of members present and voting
On grounds of proved misbehaviour or incapacity.
Article 124(5):
Parliament may make laws to regulate the procedure for presenting an address for removal.
➡️ So, Article 218 imports this exact removal procedure and applies it to High Court Judges.
⚖️ Key Case Laws on Article 218:
1. Union of India v. Sankalchand H. Sheth, (1977) 4 SCC 193
Issue: Whether transfer of a High Court Judge amounts to punishment.
Held: Transfer is not a punishment or removal; hence, it doesn’t attract Article 218.
Relevance: Clarifies the scope of Article 218—removal only, not transfer.
2. Sub-Committee on Judicial Accountability v. Union of India, (1991) 4 SCC 699
Issue: Validity of the Judges (Inquiry) Act, 1968 (passed under Article 124(5), thus applicable to Article 218).
Held: Parliament can regulate removal procedures via law; Article 218 gives authority for High Court judges’ removal in the same way.
Relevance: Confirms Parliament's power to legislate uniform procedures for removal.
3. Krishna Swami v. Union of India, (1992) 4 SCC 605
Issue: Interpretation of “proved misbehaviour” and the judge's right to fair hearing.
Held: Removal under Article 218 (via 124(4)) must involve due process and evidence; fair hearing is essential.
Relevance: Emphasizes due process in removals under Article 218.
4. K. Veeraswami v. Union of India, (1991) 3 SCC 655
Issue: Can a criminal case be initiated against a High Court judge?
Held: Yes, but only with the President’s consent, and consistent with Article 218 safeguards.
Relevance: Ensures judges are protected from frivolous or political action, in line with Article 218.
✅ Summary Table:
| Aspect | Supreme Court Judges | High Court Judges |
|---|---|---|
| Removal Grounds | Misbehaviour or incapacity | Same (via Article 218) |
| Removal Procedure | Article 124(4) & (5) | Applied via Article 218 |
| Law Regulating Removal | Judges (Inquiry) Act, 1968 | Same applies |
| Removal Authority | Parliament + President | Parliament + President |
📌 Related Provisions:
| Article | Purpose |
|---|---|
| 124(4) | Removal of SC judges |
| 124(5) | Parliament's power to make law |
| 217(1)(b) | Conditions for removal of HC judges |
| Judges (Inquiry) Act, 1968 | Procedure for inquiry and removal |
🧾 Conclusion:
Article 218 ensures parity between the High Courts and the Supreme Court in matters of judicial accountability and independence.
It protects High Court judges from arbitrary removal and ensures that any removal follows a rigorous, fair, and constitutional process, preserving the independence of the judiciary.
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