📜 Article 218 of the Indian Constitution
Title: Application of certain provisions relating to Supreme Court to High Courts
🔹 Text Summary:
Article 218 states that the procedure for the removal of a High Court judge is the same as that of a Supreme Court judge, as given in Article 124(4).
📌 Full Provision:
“The provisions of clause (4) of Article 124 shall apply in relation to a Judge of a High Court as they apply in relation to a Judge of the Supreme Court.”
🧠 What This Means:
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High Court judges cannot be removed casually or by the government alone.
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They can only be removed through a parliamentary process, ensuring judicial independence.
⚖️ Removal Procedure (As per Article 124(4), applied to High Courts via Article 218):
| Step | Action |
|---|---|
| 📝 1. Motion | Motion for removal must be signed by 100 Lok Sabha or 50 Rajya Sabha MPs. |
| 📋 2. Inquiry | Inquiry by a Judges Inquiry Committee (SC judge, HC CJ, and a jurist). |
| 🏛️ 3. Debate & Vote | Passed by each House of Parliament with: |
| — Majority of total membership, and | |
| — 2/3rd of members present and voting. | |
| 🖋️ 4. Presidential Assent | Finally, the President orders removal of the judge. |
🧑⚖️ Grounds for Removal:
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Proven misbehavior
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Incapacity
🔒 These are the only two grounds, ensuring security of tenure for judges.
📌 Purpose of Article 218:
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Protects High Court judges from arbitrary dismissal.
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Maintains judicial independence from legislative or executive influence.
⚖️ Related Articles:
| Article | Subject |
|---|---|
| 124(4) | Removal of Supreme Court Judges |
| 217 | Appointment and tenure of High Court Judges |
| 218 | Applies Article 124(4) procedure to HC Judges |
🏛️ Real-Life Note:
No High Court judge has ever been removed through this procedure till now. Only one Supreme Court judge (Justice V. Ramaswami) faced proceedings, but wasn’t removed due to lack of required majority.
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