Transfer of High Court Judges

A transfer shifts a serving judge from one High Court to another without ending the judge's constitutional office. Under Article 222, the President of India may order such a transfer after consultation with the Chief Justice of India.

Constitutional basis

The Constitution assigns the formal power of transfer to the President while making consultation with the Chief Justice of India mandatory.

• Article 222(1) permits the transfer of a judge, including a Chief Justice, from one High Court to another High Court.
• Under Article 222(2), a transferred judge is entitled to a compensatory allowance as determined by Parliament by law or, until then, fixed by presidential order.
• Transfer does not terminate judicial tenure; the judge continues to hold office subject to Article 217, including retirement at 62 years.

Collegium consultation and procedure

Supreme Court interpretation has made the Chief Justice of India's opinion an institutional opinion, rather than an individual view.

• Under the Third Judges Case, 1998, the Chief Justice of India must consult the four senior-most judges of the Supreme Court when considering a High Court transfer.
• The views of the Chief Justices of the transferring and receiving High Courts are also considered.
• After collegium consultation and executive processing, the transfer takes effect through an order of the President.
• The judge's consent is not a constitutional requirement, but the consultation must be effective and based on relevant considerations.

Purpose and safeguards

Transfer is intended to serve the public interest and the proper administration of justice; it is distinct from removal for proved misbehaviour or incapacity.

• The transfer power cannot alter the judge's secured tenure or other constitutional protections of judicial independence.
• Removal is separately governed by Article 218, read with Article 124(4), and requires the constitutionally prescribed parliamentary process.
• Judicial review of a transfer is narrow and principally concerns compliance with the required constitutional consultation.