Part VI: The States

Chapter V - The High Courts in the States

Article 218: Application of Certain Provisions Relating to Supreme Court to High Courts

Original Article:

(218) Application of Certain Provisions Relating to Supreme Court to High Courts — The provisions of clauses (4) and (5) of article 124 shall apply in relation to a High Court as they apply in relation to the Supreme Court with the substitution of references to the High Court for references to the Supreme Court.

Explanation:

Article 218 ensures uniformity in the judicial standards and procedures between the Supreme Court and High Courts by extending specific provisions from Article 124. These provisions regulate judicial conduct and impeachment processes for High Court judges.

Clause Headings:

1. Application of Article 124(4) and Article 124(5) to High Courts

Article 124(4) details the removal process for judges of the Supreme Court, requiring proven misbehavior or incapacity and a specific impeachment process. Article 218 applies these provisions to High Courts, ensuring consistent judicial conduct expectations.

2. Amendments to Article 218

While Article 218 itself has not been amended, changes to Article 124 have influenced its application. The Fifteenth Amendment (1963) and Forty-second Amendment (1976) clarified judicial accountability standards.

Real-Life Examples:

1. Justice V. Ramaswami Case: The impeachment proceedings against Justice V. Ramaswami, a Supreme Court judge, reflected the stringent standards set by Article 124. These same standards apply to High Court judges under Article 218, ensuring consistency in judicial accountability.

Historical Significance:

Article 218 reflects the framers' vision of a cohesive judiciary. By extending provisions from Article 124, the Constitution ensures high standards of judicial discipline and accountability at both state and national levels.

References:

• Constitution (Fifteenth Amendment) Act, 1963.
• The Judges (Inquiry) Act, 1968.
• K. Veeraswami v. Union of India (1991).