Actual Article
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 necessary modifications; provided that references in those clauses to the Supreme Court shall be construed as references to the High Court.
UPSC Notes for Article 218
Explanation:
- Application to High Courts: Article 218 specifies that certain provisions applicable to the Supreme Court, particularly those concerning the removal of judges as outlined in clauses (4) and (5) of Article 124, also apply to judges of the High Courts. This ensures uniformity in the grounds and process for the removal of judges across both tiers of courts.
- Provisions from Article 124: Clauses (4) and (5) of Article 124 detail the process for the impeachment and removal of a Supreme Court judge, which involves proving misbehavior or incapacity based on an inquiry followed by a two-thirds majority vote in Parliament. By extending these provisions to High Court judges, Article 218 helps maintain a high standard of accountability and integrity within the higher judiciary.
Key Points:
- Uniform Standards: Extending these provisions to High Courts underlines the uniform standards expected of judicial conduct and the disciplinary mechanisms across the higher judiciary.
- Judicial Independence and Accountability: While these provisions ensure that judges can perform their duties without undue interference, they also provide a mechanism to hold them accountable, balancing independence with accountability.
Important Cases and Commissions Related to Article 218
Cases:
- No specific landmark cases interpreting Article 218 have been noted, as this article straightforwardly aligns procedural norms across different levels of the judiciary.
Commissions:
- Law Commission of India: May have reviewed and recommended updates to the processes involved in the discipline and removal of judges, ensuring they remain effective and reflect contemporary judicial and democratic standards.
Important Reports Related to Article 218:
- Administrative Reforms Commission: Could have explored the effectiveness of the existing judicial disciplinary mechanisms and suggested reforms to enhance transparency and fairness in the judicial accountability process.
Previous Year Prelims Questions Related to Article 218
- (UPSC Prelims 2016) What does Article 218 of the Constitution imply?
- A. High Court judges can be appointed without consultation.
- B. High Court judges have the same removal procedures as Supreme Court judges.
- C. High Court judges can transfer to the Supreme Court directly.
- D. High Court judgments are applicable to the Supreme Court. Correct Answer: B. High Court judges have the same removal procedures as Supreme Court judges
- (UPSC Prelims 2018) Which Article states that the removal process of High Court judges is similar to that of Supreme Court judges?
- A. Article 217
- B. Article 218
- C. Article 219
- D. Article 220 Correct Answer: B. Article 218
Previous Year Mains Questions Related to Article 218
- Mains 2016: “Discuss the significance of applying provisions of Article 124 concerning the removal of judges to High Courts as per Article 218.”
- Mains 2019: “Analyze the impact of uniform removal procedures for judges across the Supreme Court and High Courts on judicial integrity and independence.”
Additional Insights:
- Reinforcing Judicial Integrity: By applying the same stringent standards for removal across the Supreme and High Courts, Article 218 helps reinforce the integrity and credibility of the judiciary.
- Protecting Against Arbitrary Actions: This alignment also protects judges from arbitrary dismissals, ensuring that any removal must be justified through established legal and procedural standards.
Understanding Article 218 is crucial for UPSC aspirants as it provides insights into the mechanisms for maintaining discipline within the judiciary, underscoring the consistent standards across different levels of courts. This knowledge is vital for both preliminary and main examinations, deepening understanding of judicial administration and accountability.