Transfer of High Court judges
Also called: Article 222 · Topic: Judiciary: Independence, Structure, Judicial Review and Activism · NCERT: Beyond NCERT
Meaning
Under Art. 222, the President can transfer a judge from one High Court to another. The President must first consult the Chief Justice of India. In practice, the transfer is decided on the recommendation of the Supreme Court collegium (the CJI and senior judges). The judge's consent is not needed. In Sankalchand Sheth (1977), the Supreme Court held that the consultation must be real and not just a formality.
Example
The collegium may recommend moving a High Court judge to another state's High Court. The President then issues the transfer order, even if the judge does not agree.
Don't confuse with
- Removal of judges: a transferred judge stays a judge. Removal ends a judge's office and needs a special majority in both Houses of Parliament.
- A common exam trap is the statement "A High Court judge cannot be transferred". This is false.
Related concepts
- Appointment of judges
- Committed judiciary
- Supersession of judges
- First Judges case
- Second Judges case
- Third Judges case
- Collegium system