Meaning and Constitutional Provision
The transfer of judges refers to the relocation of a judge from one High Court to another or, in some cases, the transfer of a Chief Justice from one High Court to another. This provision aims to maintain judicial efficiency, uniformity, and impartiality across the country. The legal foundation for this lies in Article 222 of the Indian Constitution, which empowers the President of India to transfer a judge from one High Court to another after consultation with the Chief Justice of India (CJI). The purpose of this article is to ensure administrative convenience, national integration of the judiciary, and to avoid regional bias or local influence on judges in the discharge of their duties.
Legal Mechanism and Procedure
Under Article 222(1), the President, after consulting the Chief Justice of India, may transfer a judge from one High Court to another. The consultation with the CJI must be effective and based on the collective opinion of senior judges, as clarified in the Second Judges Case (1993). Furthermore, the transferred judge is entitled to a compensatory allowance under Article 222(2) to offset any inconvenience caused. The Collegium System, which evolved through judicial interpretations, plays a vital role in recommending such transfers. The transfer mechanism aims to balance judicial independence with administrative necessity, preventing arbitrary or politically motivated decisions.
Constitutional Importance and Safeguards
The power of transfer is a sensitive matter as it directly relates to judicial independence. The Supreme Court has emphasized that this power should be exercised only for the better administration of justice and not as a tool of punishment or control. The Third Judges Case (1998) reaffirmed that the opinion of the CJI, formed collectively with senior judges, is binding on the President. These safeguards prevent misuse of power and maintain the credibility of the judiciary. Transfers also help in equitable distribution of judicial talent and exposure of judges to varied judicial environments across states.
Real-Time Example
A notable example of judicial transfer occurred in 2023, when the Supreme Court Collegium recommended the transfer of several High Court judges, including Justice Nikhil S. Kariel and Justice A. Abhishek Reddy, for “administrative reasons.” These transfers, though questioned by bar associations, were upheld as part of the constitutional mechanism under Article 222. Such instances illustrate the delicate balance between judicial independence and the administrative functioning of the judiciary, showcasing the continued relevance of constitutional checks and consultation norms.
Mnemonic to Remember – “PACT”
P – President orders transfer
A – After consultation with CJI
C – Compensation under Article 222(2)
T – Transfer for better administration of justice
The mnemonic “PACT” helps recall that under Article 222, the President, after consultation with the Chief Justice of India, may transfer a judge, ensuring judicial integrity and transparency.
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