Actual Article
Article 222: Transfer of a Judge from one High Court to another
- The President may, after consultation with the Chief Justice of India, transfer a Judge from one High Court to any other High Court.
- When a Judge has been or is so transferred, he shall, during the period he serves, after the commencement of the Constitution (Fifty-first Amendment) Act, 1984, as a Judge of the other High Court, be entitled to receive in addition to his salary such compensatory allowance as may be determined by Parliament by law and, until then, as may be prescribed by the President, by order.
UPSC Notes for Article 222
Explanation:
- Authority to Transfer Judges: Article 222 grants the President the authority to transfer judges from one High Court to another. This power is exercised after consultation with the Chief Justice of India, ensuring that transfers are made with consideration of judicial needs and the individual circumstances of judges.
- Compensatory Allowance: Judges who are transferred are entitled to a compensatory allowance in addition to their usual salary. This allowance is meant to cover any additional expenses that may arise due to the transfer, such as relocation costs. The specifics of this allowance are to be determined by Parliament, but until such legislation is passed, the President can prescribe these allowances.
Key Points:
- Flexibility in Judicial Administration: The ability to transfer judges between High Courts provides flexibility in managing the judicial workload and expertise across states. It can help balance the distribution of judicial talent and experience, especially in regions requiring specific legal expertise or facing case backlogs.
- Consultative Process: The requirement for consultation with the Chief Justice of India before making a transfer helps ensure that transfers are not arbitrary and are in the best interests of the judiciary and public service.
Important Cases and Commissions Related to Article 222
Cases:
- Union of India vs. Justice Sankalchand Himatlal Sheth (1977): This landmark case discussed the scope of the President’s powers under Article 222 and emphasized the importance of consultation with the Chief Justice of India in ensuring that transfers are not arbitrary.
Commissions:
- Law Commission of India: May have provided recommendations on improving the process and criteria for transferring judges to enhance judicial efficiency and fairness.
Important Reports Related to Article 222:
- Administrative Reforms Commission: Might have addressed the administrative and logistical aspects of transferring judges, including the impact on the judges and their families, suggesting measures to make the process smoother and more transparent.
Previous Year Prelims Questions Related to Article 222
- (UPSC Prelims 2016) Who has the authority to transfer a Judge from one High Court to another?
- A. The Chief Justice of India
- B. The President of India
- C. The Law Minister of India
- D. The Parliament Correct Answer: B. The President of India
- (UPSC Prelims 2018) What must be consulted before a High Court Judge is transferred according to Article 222?
- A. The Parliament
- B. The Prime Minister
- C. The Chief Justice of India
- D. The Law Commission Correct Answer: C. The Chief Justice of India
Previous Year Mains Questions Related to Article 222
- Mains 2016: “Analyze the implications of the transfer of High Court Judges as per Article 222 on judicial independence.”
- Mains 2019: “Evaluate the role of the Chief Justice of India in the transfer of High Court Judges under Article 222 and its impact on the judiciary.”
Additional Insights:
- Balancing Needs and Independence: While transfers can help in managing judicial needs, they must be balanced carefully with considerations for judicial independence and the potential personal impact on judges.
- Ensuring Fairness in Transfers: The process must be transparent and just, with clear guidelines to prevent any misuse of the transfer mechanism that could undermine judicial morale or independence.
Understanding Article 222 is crucial for UPSC aspirants as it sheds light on the administrative aspects of the judiciary, particularly the mobility of judges, which is essential for both the effective functioning of the judiciary and the maintenance of its independence. This knowledge is vital for both preliminary and main examinations, deepening understanding of the structural dynamics within the Indian judiciary.