Published on: October 6, 2021
TRANSFER OF HIGH COURT JUDGES
What is in news : Union Law Ministry on Tuesday notified the transfers of 15 judges across 11 High Courts as per recommendations of Supreme Court Collegium
- As per Article 222
- The initiation 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.
- 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.