Part VI - The States • Article

Article 218 Simplified: Application of certain provisions relating to Supreme Court to High Courts

Article 218 extends two specific Supreme Court provisions to High Courts: Article 124(4)—the removal process (requiring an address by each House of Parliament by a special majority on grounds of proved misbehaviour or incapacity) and Article 124(5)—Parliament's power to regulate the procedure for such removal. This ensures HC judges have the same removal protection as SC judges—they cannot be removed by the executive alone.

Official Text

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.

Simple Meaning

Explain Like Ten

Removing a Supreme Court judge is very hard—it needs a special vote in both Parliament houses with a big majority. Article 218 says: 'High Court judges get the same protection.' Nobody—not the Governor, not the State, not the President alone—can remove a High Court judge without going through that same very difficult process.

Student Mode

Article 218 is a cross-reference provision importing Article 124(4) and (5) into the HC context. Article 124(4) removal requires: proven misbehaviour or incapacity + an address by each House of Parliament supported by a majority of total membership AND 2/3 of members present and voting. Article 124(5) empowers Parliament to regulate the procedure for such investigation and proof. This means HC judges have the same near-irremovability as SC judges—a deliberate design choice to protect judicial independence.

Example

If a High Court judge is accused of serious misconduct, they can only be removed through the same difficult impeachment-style process used for Supreme Court judges: a motion must pass both Houses of Parliament with a special majority. No State Legislature, Governor, or the President alone can remove a High Court judge—Article 218 imports the SC's removal safeguards directly.

Key Takeaway

Article 218 gives High Court judges the same constitutional removal protection as Supreme Court judges—requiring a Parliamentary special majority, not executive action.

FAQs

Can the State Legislature remove a High Court judge by passing a resolution?

No. Article 218 makes removal a matter for Parliament, not the State Legislature. The State has no role in removing HC judges—they are constitutional officers appointed and removable only by the Union process.

Has any High Court judge ever been removed in India?

No. As of 2024, no High Court judge has ever been successfully removed through the Article 218 process. Some impeachment motions have been initiated but none completed. The process is intentionally arduous to protect judicial independence.

Quiz

Under Article 218, the removal process for HC judges is identical to that for:

Answer: Supreme Court judges

Which body conducts the address/resolution required to remove a High Court judge under Article 218 read with Article 124(4)?

Answer: Parliament