Article 418 of the Costitution of India with Case law
🇮🇳 Article 418 of the Constitution of India
Topic: Power of the President to make rules for the more convenient transaction of business of a High Court
(Found in Part XIV – Services under the Union and the States, Chapter VI: Subordinate Courts)
🔹 Text of Article 418 (Simplified):
Article 418 empowers the President of India to make rules for the more convenient transaction of the business of a High Court.
This article is one of the transitional provisions intended to assist in the administrative functioning of High Courts, particularly during the early years after the Constitution came into force.
🧾 Purpose of Article 418:
To facilitate the smooth functioning of High Courts by allowing the President to frame temporary or transitional rules.
Designed primarily for the post-independence phase, when procedural systems in courts were being realigned with the new Constitution.
⚖️ Case Law Involving or Referring to Article 418:
There is limited direct litigation under Article 418 because it is an enabling and transitional provision used for administrative convenience, not for substantive rights or judicial disputes. However, it may be referred to or read along with Articles 214–231 (which govern High Courts).
🔹 1. Rajinder Singh v. State of Jammu & Kashmir, AIR 1957 SC 286
This case discussed administrative control and transitional arrangements in High Courts. Though Article 418 was not central, the judgment referred to such transitional powers available to the President.
🔹 2. Naresh Shridhar Mirajkar v. State of Maharashtra, AIR 1967 SC 1
Though this case dealt with judicial power and freedom of press, it indirectly touched on the administrative autonomy of High Courts. Article 418 reflects the temporary executive interface in such administration.
✅ Key Features of Article 418:
| Feature | Description |
|---|---|
| Authority Involved | President of India |
| Subject | High Courts |
| Purpose | To make rules for administrative convenience of High Courts |
| Nature | Transitional/Procedural |
📌 Practical Usage:
Article 418 has rarely been invoked in modern constitutional practice because:
High Courts now operate under their own established rules framed under Article 225 and various High Court Acts.
The President’s power under Article 418 is largely obsolete and was more relevant in the initial years post-1950.
🔚 Conclusion:
Article 418 was introduced to ensure continuity and facilitate administration in High Courts during the transitional phase after independence. It empowers the President to make procedural rules, but its relevance today is largely historical and has been superseded by more specific laws and High Court rules.
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