Transfer of HC Judges

Why in news?

• Initiating probably one of the largest shuffles in the higher judiciary in recent times, the Supreme Court Collegium, headed by Chief Justice of India N.V. Ramana, is learnt to have recommended the transfer of judges across 14 of a total 25 High Courts in the country.

About transfer of judges:

• The President can transfer a judge from one high court to another after consulting the Chief Justice of India.
• On transfer, he is entitled to receive in addition to his salary such compensatory allowance as may be determined by Parliament.
• In 1977, the Supreme Court ruled that the transfer of high court judges could be resorted to only as an exceptional measure and only in public interest and not by way of punishment.
• Again in 1994, the Supreme Court held that judicial review is necessary to check arbitrariness in transfer of judges. But, only the judge who is transferred can challenge it.
• In the Third Judges case (1998), the Supreme Court opined that in case of the transfer of high court judges, the Chief Justice of India should consult, in addition to the collegium of four seniormost judges of the Supreme Court, the chief justice of the two high courts (one from which the judge is being transferred and the other receiving him).
• Thus, the sole opinion of the chief justice of India does not constitute the ‘consultation’ process.

PRACTICE QUESTION:

Which of the following statements are correct regarding transfer of High Court judges?

1. Constitution empowers President to transfer a judge from one high court to another

2. Transfer of high court judges are outside the purview of judicial review

Select the correct answer using the code given below:

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer