Article 218 of the Indian Constitution is a short but significant provision that bridges the procedural aspects related to the removal of judges of the Supreme Court and applies them to the judges of the High Courts. This article ensures uniformity and a consistent standard for the removal of judges across the higher judiciary in India, reinforcing the principles of judicial independence and accountability.
By incorporating provisions from Article 124, which primarily deals with the Supreme Court, Article 218 extends the established procedure for inquiring into the conduct and grounds for removal of Supreme Court judges to their counterparts in the High Courts. This avoids the need for a separate, potentially different, procedure for High Court judges, maintaining a streamlined and harmonised approach.
Original Text
218. Application of 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.
Detailed Explanation
Article 218 mandates that specific provisions concerning the Supreme Court judges, namely clauses (4) and (5) of Article 124, shall be applicable to the High Courts as well.
- Article 124(4): This clause lays down the grounds and the legislative requirement for the removal of a Supreme Court judge. It states that a judge of the Supreme Court shall not be removed from office except by an order of the President passed after an address by each House of Parliament supported by a special majority (a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting) has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity.
- Article 124(5): This clause empowers Parliament to regulate the procedure for the presentation of an address and for the investigation and proof of the misbehaviour or incapacity of a Supreme Court judge. Pursuant to this power, Parliament enacted the Judges (Inquiry) Act, 1968, which details the process involving an inquiry committee constituted to investigate the charges.
Article 218 effectively states that the process outlined in Article 124(4) and the procedure regulated by Parliament under Article 124(5) (as enacted in the Judges (Inquiry) Act, 1968) will be the same for High Court judges as it is for Supreme Court judges. The only required modification is to read “High Court” wherever “Supreme Court” is mentioned in the application of these clauses to High Courts. This means a High Court judge can only be removed by the President based on an address passed by Parliament with a special majority, on grounds of proved misbehaviour or incapacity, following the procedure laid down by the Judges (Inquiry) Act, 1968.
Detailed Notes
- Article 218 extends specific provisions of Article 124 concerning Supreme Court judges to High Court judges.
- Specifically, it applies clauses (4) and (5) of Article 124 to High Courts.
- Article 124(4) deals with the grounds for removal of a judge (proved misbehaviour or incapacity).
- Article 124(4) also specifies the requirement of a Presidential order based on a parliamentary address passed by a special majority in both Houses.
- Article 124(5) grants Parliament the power to regulate the procedure for the investigation and proof of misbehaviour or incapacity.
- Pursuant to Article 124(5), the Judges (Inquiry) Act, 1968 was enacted, outlining the detailed procedure for the removal process.
- Article 218 makes this exact procedure applicable for the removal of a High Court judge.
- The application involves substituting references to the “Supreme Court” with “High Court”.
- Therefore, the grounds, the required parliamentary address by special majority, and the procedure under the Judges (Inquiry) Act, 1968 are identical for the removal of both Supreme Court and High Court judges.
- This article ensures uniformity and consistency in the process of removing judges of the higher judiciary.
Additional Comments
- This provision is crucial for maintaining the independence of the judiciary by ensuring that judges cannot be removed easily or arbitrarily. The rigorous process involving parliamentary approval with a high threshold provides security of tenure.
- The application of the same removal procedure to both Supreme Court and High Court judges underscores the equal importance and dignity of the judges in both levels of the higher judiciary.
- While the procedure for removal is uniform, actual instances of judge removal in India have been rare, highlighting the robustness of the process and perhaps the integrity of the judiciary.
- The Judges (Inquiry) Act, 1968 outlines steps like presenting a motion in Parliament, constituting an inquiry committee, investigation by the committee, and reconsideration by Parliament based on the committee’s findings before the parliamentary address is passed.
Summary
Article 218 extends the provisions of Article 124(4) and 124(5), which relate to the removal of Supreme Court judges on grounds of proved misbehaviour or incapacity through a parliamentary address, to High Court judges. This ensures that the grounds and the detailed procedure for the removal of judges are uniform across the higher judiciary, requiring a special majority in Parliament and following the process laid down by law, such as the Judges (Inquiry) Act, 1968, thereby reinforcing judicial independence and accountability.