The Constitution of India
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.
Why this exists
The Constitution's framers wanted judges of both the Supreme Court and High Courts to enjoy the same strong protection from arbitrary removal, so that judicial independence is uniform across the country. Rather than rewriting the removal procedure separately for High Courts, the drafters simply extended Article 124's provisions by reference through Article 218, ensuring consistency and avoiding duplication.
How courts read it
Courts have generally read Article 218 as a straightforward incorporation clause, extending the same procedural safeguards and the same 'proved misbehaviour or incapacity' standard to High Court judges. The Judges Cases (particularly discussions in the Second and Third Judges Cases) reaffirmed that judicial independence protections, including removal safeguards, must be read consistently between the Supreme Court and High Courts, reinforcing the purpose behind Article 218's cross-reference.
Common misconceptions
- Myth: High Court judges can be removed more easily than Supreme Court judges since they are a lower court.
Fact: Article 218 ensures High Court judges get the exact same strict removal protections (proof of misbehaviour/incapacity, parliamentary investigation, special majority vote) as Supreme Court judges — there is no easier process.