Transfers and appointments of High Court judges under Article 222 and the Memorandum of Procedure
Government clarified how the President’s transfer power under Article 222 and the Memorandum of Procedure (MoP) guide transfers and appointments of High Court judges through the collegium process.
- Article 222 lets the President shift a High Court judge to another High Court after consultation with the Chief Justice of India.
- The Memorandum of Procedure (MoP) says the Chief Justice of India starts transfer proposals and consults four senior-most Supreme Court puisne judges.
- The Memorandum of Procedure (MoP) expects the Chief Justice of India to consider views of the Chief Justice of the High Court losing the judge and the Chief Justice of the High Court gaining the judge.
- The Memorandum of Procedure (MoP) says the Chief Justice of India must consider personal factors of the concerned judge, including preference of places, before concluding on a transfer proposal.
What happened
The Union Minister of Law and Justice, Shri Arjun Ram Meghwal, gave a written reply in the Lok Sabha describing the constitutional and procedural basis for transfer and appointment of judges in the higher judiciary. The key points highlighted were: Article 222 empowers the President to transfer a High Court judge from one High Court to another. The President acts after consultation with the Chief Justice of India (CJI). The Memorandum of Procedure (MoP) governs how proposals for transfer and appointment are initiated and considered within the consultation process. The MoP says transfers must be made in public interest—for better administration of justice across India. The MoP does not prescribe any timeline for transfers from one High Court to another.
Background and earlier position
UPSC can frame judge transfers as a test of how constitutional design balances executive formality (President) with judicial consultation (Chief Justice and collegium) and internal procedural safeguards (views of High Court Chief Justices and personal factors).
Related dispatches
