Application of Supreme Court Provisions to High Courts
Official heading: “Application of certain provisions relating to Supreme Court to High Courts.”
- Source edition
- The Constitution of India (as on 1 May 2026)
- Source locator
- Part VI, Article 218, printed page 101
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- Not yet checked
- Last human legal review
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1. In One Sentence
Article 218 applies the rigorous removal procedure of Article 124(4) and (5) to High Court Judges, ensuring equal tenure security and protection from executive dismissal.
2. What It Means in Everyday Language
Article 218 establishes constitutional parity between the Supreme Court and the High Courts in matters of judicial removal and inquiry procedure.
It explicitly provides that the provisions of clauses (4) and (5) of Article 124 relating to the Supreme Court shall apply in relation to a High Court.
Rigorous Removal Threshold: A High Court Judge can never be removed by executive order or State legislative resolution. Removal requires: (1) a formal statutory inquiry under the Judges (Inquiry) Act, 1968 establishing proved misbehaviour or incapacity; and (2) an address presented to the President passed by each House of Parliament supported by a majority of the total membership and a majority of not less than two-thirds of members present and voting in the same session.
3. Practical Illustrative Example
A State Chief Minister attempts to initiate dismissal proceedings against a High Court judge over an adverse constitutional ruling against the State Cabinet.
4. Important Limits, Qualifications & Exceptions
Article 218 shields High Court judges from State and Central executive retaliation.
- Applies Article 124(4) special-majority parliamentary impeachment to High Court judges.
- Applies Article 124(5) statutory investigation procedures.
- Absolute bar on State legislative involvement in judicial removal.
- Crucial institutional pillar of the Basic Structure doctrine.
5. Operative Constitutional Text
6. Sources & Historical Assembly Deliberations
Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.
- •Government of India (Legislative Department, Ministry of Law and Justice) • Part VI, Article 218, printed page 101 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.