Article 218 of the Indian Constitution addresses that certain provisions pertaining to the Supreme Court should be applied to High Courts.
The aforesaid Article is discussed in Chapter V, which is centered around the subject of the “High Court in States.” Part VI of the Constitution, of which this Chapter is a part, is dedicated to the Articles that feature the provisions pertaining to “The States.”
This page brings the provision of said Article for the aspirant to prepare for UPSC CSE as it is a part of the Indian Polity of IAS Syllabus.
- What Is Article 218 Of The Indian Constitution?
- Clause 4 And Clause 5 Of Article 124
- When Article 218 Came Into Effect?
- In A Nutshell
What Is Article 218 Of The Indian Constitution?
In accordance with Article 218 of the Indian Constitution, certain provisions pertaining to the Supreme Court may be applied to High Courts. The provision of forenamed Article is as follows:
When referring to a High Court, the provisions of Article 124’s clauses(4) and(5) shall be used in the same manner as when referring to the Supreme Court, with references to the High Court serving as a substitute for the Supreme Court references.
Clause 4 And Clause 5 Of Article 124
It is necessary to read Article 218 in conjunction with Clause 4 and Clause 5 of Article 124 to understand the meaning of Article 218. This will help us in understanding what are the areas where the provision set forth for the SC is applicable to HC as well in a similar fashion.
A judge of the Supreme Court may not be removed from office without the President’s approval and only after each House of Parliament has addressed the President in the same session with a motion for removal on the grounds of demonstrated misbehavior or incapacity, supported by a majority of the membership of that House as a whole and by a majority of at least two-thirds of the members present and voting.
The procedure for presenting an address and for the inquiry and demonstration of a judge’s misconduct or incapacity under clause 4 may be regulated by law, according to clause 5.
Note: Check out the linked article to learn about the provisions enshrined in other clauses of Article 124 of the Indian Constitution.
When Article 218 Came Into Effect?
On June 7, 1949, Draft Article 194 (also known as Article 218) was discussed. It made some provisions pertaining to the Supreme Court relevant to the High Court as well. On the 7th of June 1949, the Draft Article was approved without any debate taking place.
In A Nutshell
It is possible for certain provisions that apply to the Supreme Court to be extended to the High Courts, as stated in Article 218 of the Indian Constitution. To fully comprehend Article 218, it is necessary to read it in connection with Clauses 4 and 5 of Article 124. This will assist us in gaining a better understanding of the areas in which the provision that was established for the SC is also applicable to the HC in a manner that is analogous.
In the Interest of Further Reading:
|Article 213 Of The Indian Constitution||Article 214 Of The Indian Constitution: High Court For States|
|Article 215 Of The Indian Constitution||Article 216 Of The Indian Constitution: Constitution Of High Courts|
Which Article Of The Indian Constitution Addresses The Application Of Certain Supreme Court-Related Provisions To High Courts?
How certain Supreme Court provisions should be applied to High Courts is covered under Article 218 of the Indian Constitution.
What Is Clause 4 Of Article 124 Deals With?
The mechanism by which a judge on the Supreme Court might be removed from his or her position is discussed in the fourth clause of Article 124 of the Indian Constitution.
What Is Article 124 Of The Indian Constitution?
Article 124 discusses the formation of the Supreme Court as well as the constitution for the court.