Judges Transfer Case

Judges Transfer Case :

Reported in 

1. 1999 (3) LLN 175.

2.1998 (3) SCC 192

3. 1999 SCC (L&S) 1299

4. 1993 (2) SCC 56

5. 1995 AIR SCW 1555 & 3768

All India Judges Association took up the matter of transfer of Judges of the High Court’s yet, it is not a finality the entire matter can be looked in to in view of the present circumstances High Court Judges are appointed from among the practising Advocates of the High Court, having 10 years of practice in High Court and by promotion from the District Judges on the basis of seniority. In case of an Advocate appointed as Judge of a High Court and posted in the same High Court the general presumption is that he is not free from bias, influence, favours of caste, relations, associate advocates, his clients (when he is in practice) all of them are potential sources of exerting influence over the Judge in his decision making. 

The Judge so appointed of a High Court is also a human being and he is not above passions and we cannot also expect him to become a saint or sage all along the way free from such short comings. Today Indian citizen hope that speedy Justice as well as quality of Justice under no circumstances quality of Judgements can be allowed to be eroded. Higher standards are expected by the common man at the higher levels of the Judiciary. The transfer of Judges is still a matter to be finalised and an acceptable solution can be found out.

There are no specific rules of conduct for Higher Judiciary or lower Judiciary. In respect of lower Judiciary is concerned. The High Courts are following the C.C.A rules (Classification, Control and Appeal) Rules of Government subordinate services in the State. But for Higher Judiciary services there are no separate set of conduct rules. The Judges are also Judicial Functions. Any service cannot be left without specifying a Code of conduct under a set of rules.

The frames of the constitution did not visualise the present position regarding the conduct of the Judges in Judiciary. Moreover, the legislature or Executive did not evince any interest on this aspect and right from 1950 this matter of conduct of the Judges was left to the self-introspection. This has become apathy on the part of the Executive and Legislature and the Judges are taking advantage of this position.


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