Transfer of High Court Judges

Subject – Polity

Context – Higher judiciary set for biggest reshuffle in recent times. Judges of 14 HCs may be transferred

Concept –

Article 222 of the Constitution makes provision for the transfer of a Judge (including Chief Justice) from one High Court to any other High Court.
The initiation of the proposal for the transfer of a Judge should be made by the Chief Justice of India (CJI).
The opinion of the CJI “is determinative”.
Consent of the Judge for his first or subsequent transfer would not be required.
CJI is expected to take into account the views of the Chief Justice of the High Court from which the Judge is to be transferred and Chief Justice of the High Court to which the transfer is to be effected.
The views of one or more Supreme Court Judges who are in a position to offer his/their views are also taken into account.
In the case of transfer of a Chief Justice, only the views of one or more knowledgeable Supreme Court Judges need to be taken into account.
The views on the proposed transfer of a Judge or a Chief Justice of the High Court should be expressed in writing and should be considered by the CJI and the four senior most Judges of the Supreme Court.
The proposal once referred to the Government, the Union Minister of Law, Justice and Company Affairs would submit a recommendation to the Prime Minister who will then advise the President as to the transfer of the Judge concerned.
After the President approves the transfer, the notification will be gazetted and the judge remains transferred.