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

Explanation using Example

Example 1:

Scenario: Appointment of a High Court Judge

Context: Article 124(4) and (5) of the Constitution of India deal with the procedure for the removal of a Supreme Court judge. Article 218 states that these provisions also apply to High Court judges.

Example: Justice Sharma, a judge of the High Court of Delhi, is accused of misconduct. According to Article 218, the same procedure used for the removal of a Supreme Court judge under Article 124(4) and (5) will be followed. This means that an inquiry will be conducted, and if the allegations are proven, a motion for removal will be presented in Parliament. If the motion is passed by a two-thirds majority in both houses, Justice Sharma will be removed from office.

Example 2:

Scenario: Transfer of a High Court Judge

Context: Article 124(4) and (5) also include provisions related to the transfer of judges. Article 218 ensures these provisions apply to High Court judges as well.

Example: Justice Rao, a judge of the High Court of Karnataka, is being considered for transfer to the High Court of Punjab and Haryana. The process for this transfer will follow the same guidelines as those for transferring a Supreme Court judge, as stipulated in Article 124(4) and (5). This includes consultation with the Chief Justice of India and obtaining the President's approval. Once these steps are completed, Justice Rao will be officially transferred to the High Court of Punjab and Haryana.