CENTRE MUST NOT HAVE POWERS TO TRANSFER HIGH COURT JUDGES
THIS IS ESSENTIAL TO ENSURE JUDICIAL INDEPENDENCE
2021-11-23 11:04
-
Article 222(1) of the Constitution of India provides that “the President may, after consultation with the Chief Justice of India, transfer a Judge from one High Court to any other High Court.” This power was very rarely used until 1976. According to data provided in the Supreme Court’s 1977 judgment in Union of India vs. Sankalchand Himmatlal Sheth, only 25 High Court judges were transferred in the first 26 years after the Constitution came in place. The power was then in the hands of the Union Government and by convention (not law), all these transfers were made with the consent of the concerned judges.