1.High Court Judicial Transfers (Judicial Transfers)
What & Where
Judicial transfer – shift of a High Court judge to another High Court under Article 222(1)
Triggered for administration, public interest; covers all 25 High Courts across India
Decision-hub New Delhi: Supreme Court Collegium recommends, President issues Gazette notification
Quick Facts for MCQs
Constitutional & Policy
- Consultation mandated, consent of transferred judge not constitutionally required
- No parliamentary statute governs transfers; procedure evolved through SC rulings
- Transfer power aims to foster national perspective, curb local bias
Judicial Precedents
- First Judges: executive primacy, CJI opinion non-binding
- Second Judges: collegium primacy, transfers only for public interest with wider consultation
- Third Judges: collegium expanded, views of knowledgeable SC judges compulsory
Institutional Roles
- Judiciary proposes and vets; executive formally approves without discretion
- Law Ministry scrutinises, cannot alter collegium recommendation
- President acts on aid and advice of Council of Ministers, not personal judgment
Key Data Points
| Feature | Data-Point |
|---|---|
| Constitutional hook | Article 222(1) |
| Transfer initiator | Chief Justice of India |
| Collegium size (CJ transfer) | CJI + 4 senior-most SC judges |
| Mandatory consultees | Chief Justices of both HCs, SC judges acquainted with record |
| Executive path | Law Minister → Prime Minister → President |
| Final instrument | Department of Justice Gazette notification |
| Landmark cases | First Judges 1981, Second Judges 1993, Third Judges 1998 |
Related UPSC Prelims PYQs
When the Chief Justice of a High Court acts in an administrative capacity, he is subject to
Which one of the following is correct in respect of the appointment of District Judges?



