Transfer of 24 High Court judges recommended by SC collegium: Report

The proposed transfers include the judges from the High Courts of Punjab & Haryana, Telangana, Gujarat, Allahabad, Bombay, Andhra Pradesh, and Patna, among others.

The proposal for transfers was under consideration for weeks, and every feedback was carefully examined, before making any recommendations, the report added, quoting people aware of the development.

The transfer of judges in the High Courts is regulated as per Article 222 of the Constitution. The memorandum of procedure (MoP), additionally, guides the appointments and postings of judges, emphasising that all transfers must be made in the public interest to promote better administration of justice throughout the country.

Upon receiving the recommendation for transfer from the CJI, the Union Law Ministry submits the proposal along with relevant papers to the Prime Minister, who advises the President on the matter. However, the recent delay in reporting the transfer of three HC judges, which the Union government had sat on for more than seven months, drew strong criticism from the Supreme Court during its January and February proceedings. A bench led by Justice SK Kaul warned against “third-party interference” and expressed concern about the lack of consistency in the Centre's actions.

During this period, the judiciary and the executive were embroiled in a dispute over judicial appointments, with the then Law Minister Kiren Rijiju questioning the collegium system's functioning and division of powers between the two organs. In response, the Supreme Court reiterated that the collegium system must be strictly followed by the government and pointed out several delayed decisions without adequate reasons.