Who can transfer a Judge of a High Court to any other High Court?

Question: [Who can transfer a Judge of a High Court to any other High Court? [IRIS 1988]

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Answer

Transfer of Chief Justice from one High Court to another is governed by the provision of Article 222 of the Indian Constitution. 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 whose opinion in this regard is determinative. Consent of a Judge for his first or subsequent transfer would not be required. All transfers are to be made in public interest i.e. for promoting better administration of justice throughout the country.

In the formation of his opinion for the transfer of a Judge, other than the Chief Justice, the Chief Justice of India is expected to take into account the views of the Chief Justice of the High Court from which the Judge is to be transferred, as also the Chief Justice of the High Court to which the transfer is to be effected. The Chief Justice of India should also take into account the views of one or more Supreme Court Judges who are in a position to offer his/their views which would assist in the process of deciding whether or not a proposed transfer should take place.

In the case of the 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 a High Court should be expressed in writing and should be considered by the Chief Justice of India and the four senior-most Judges of the Supreme Court. The proposal for transfer of the Judge should be referred to the Government of India along with the views of all those consulted in this regard.

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