Transfer of Judges of the High Courts

Transfer of Judges of the High Courts :

The transfer of Judges of High Court from one High Court to another otherwise than by way of disciplinary action has been a knotty issue. This issue was prominently discussed and the principles governing the issue laid down in the 1993 decision of the Supreme Court in SCAORA, and supplemented in Ashok Reddy Vs Union of India[1].

C. Subordinate Courts :

Under Article 235 the Subordinate Courts will have District Judges who are appointed by Direct Recruitment and Promotion by the High Court of the State under the warrant of hand and seal of the Governor. The Subordinate Courts include Civil and Criminal Courts, Junior Civil Judge / Magistrate.

In Shamsher Singh Vs State of Punjab[2], the Constitution Bench of the Supreme Court observed “In all Conceivable Consultation with Highest Dignitary of Indian Justice will and should be accepted by the Government of India” 

Transfer of Judges :

For the subordinate courts the Judicial Officers will not be posted to their native Districts. According to their study certificate. They are liable for transfers within the state periodically. The High Court of the State shall exercise that power of transferring the Subordinate Judges. It is significant to note. That there is no provision in the Constituent regarding transfer of Judges of High Courts. There is the Supreme Court of India situated only in Delhi, and it has no benches anywhere in the country. Whereas in case of High Court in some states, the High Courts have benches at more than one place. Example : 

Maharashtra – Mumbai (Main High Court)

Nagpur – Bench

Utter Pradesh – Lucknow

Allahabad – Bench

Gujarath – Ahmedabad (Gandhi Nagar)

Gujarath Branch – Aurangabad

Regarding the transfer of High Court Judges, since there is no specific provision in the constitution. It is only a precedent or custom for transfer of High Court Judges. There is a legal conflict over this matter of transfer of High Court Judges.

[1] 1994 (2) SCC 303, is adequate to meet the situation 

[2] AIR 1974 SC 2192


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