Constitutional Framework for High Court Judge Transfers: Government Clarification
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The Union Ministry of Law and Justice has reaffirmed the collaborative process governing the transfer of High Court judges under Article 222, emphasizing adherence to the Memorandum of Procedure.
In a recent clarification provided to the Lok Sabha, the Union Minister of Law and Justice reiterated the constitutional mechanism governing the transfer of High Court judges. The government underscored that the transfer of judges from one High Court to another is a collaborative and integrated process, strictly governed by Article 222 of the Indian Constitution and the established Memorandum of Procedure (MoP).
Article 222 empowers the President of India to transfer a judge from one High Court to any other High Court after consultation with the Chief Justice of India (CJI). The government clarified that such transfers are not arbitrary but are conducted in the public interest and for the better administration of justice. The process involves a consultative mechanism where the views of the CJI, who acts in consultation with a collegium of senior-most judges of the Supreme Court, are paramount. This ensures that the judiciary maintains its independence while the executive facilitates the administrative requirements of the judicial system.
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