Lok Sabha Question No. 1006 (UNSTARRED), answered on 2023-12-08
Subject: Transfer of High Court Judges
Ministry: LAW AND JUSTICE
Asked by: A.K.P. Chinraj

## GOVERNMENT OF INDIA

## MINISTRY OF LAW AND JUSTICE

## DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO. 1006

## TO BE ANSWERED ON FRIDAY, THE 08.12.2023

## Transfer of High Court Judges

## 1006. SHRI A.K.P. CHINRAJ:

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) whether the Government seeks opinion individually of High Court Judges who are recommended by Supreme Court Collegium for transfer from one High Court to another and if so, the details thereof;
- (b) whether  certain  High  Court  Judges  who  were  recommended  by  Supreme Court Collegium for transfer from one High Court to another in the recent past  have  written  to  Government  to  hold  the  transfer,  if  so,  the  details thereof; and
- (c) the list  of  transfer of  High  Court Judges recommended by Supreme Court Collegium and the list of Judges recommended for elevation as High Court Judges pending with the Government for more than three months?

## ANSWER

## MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW AND JUSTICE; MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS; AND MINISTER OF STATE IN THE MINISTRY OF CULTURE

## (SHRI ARJUN RAM MEGHWAL)

- (a) to (c): As per the existing Memorandum of Procedure(MoP) for appointment and  transfer  of  High  Court  Judges,  the  proposal  for  transfer  of  High  Court Judges is initiated by the Chief Justice of India in consultation with four seniormost  puisne Judges of the Supreme Court. The MoP further provides that the

Chief  Justice  of  India  is  also  expected  to  take  into  account  the  views  of  the Chief Justice of High Court from which the judge is to be transferred, as also the  Chief  Justice  of  the  High  Court  to  which  the  transfer  is  to  be  effected, besides  taking  into  account  the  views  of  one  or  more  Supreme  Court  judges who are in a position to offer views.The views on the proposed transfer of a Judge or a Chief Justice of a High Court should be expressed in writing and should  be  considered  by  the  Chief  Justice  of  India  and  the  four  senior  most Judges  of  the  Supreme  Court.  The  personal  factors  relating  to  the  concerned Judge, including the Chief Justice, and his response to the proposal, including his preference of places, should invariably be taken into account by the Chief Justice of India and the first four puisne Judges of the Supreme Court before arriving  at  conclusion  on  the  proposal.  Therefore,  the  SCC  considers  and decides on the proposed transfers before sending them to the Government.

The  Government  does  not  seek  opinion  of  individual  Judges  of  High Court on the proposal of transfer of Judges from one High Court to another. All transfers are to be made in public interest i.e. for promoting better administration of justice throughout the country. No  timeline has been prescribed in the MoP for transfer of judges from one High Court to another.

As  on  01.01.2023,  171  proposals  for  elevation  as  High  Court  Judges received  from  High  Court  Collegiums  (HCC)  were  at  different  stages  of processing. During the calendar year 2023, 121 fresh proposals were received. Out of the total 292 proposals for consideration duringthe current calendar year, 110 Judges have been appointed and 60 recommendations were remitted to the High Courts on the advice of the SCC.  As on 04.12.2023, 122 proposals are at various stages of processing. Out of these 122 proposals, 87 proposals were sent to  the  Supreme  Court  Collegium  (SCC)  for  seeking  advice  against  which  the SCC  has  provided  advice  on  45  proposals  which  are  at  various  stages  of processing in the Government.  42 proposals are under consideration with the SCC.  35 fresh proposals received recently are being processed for seeking the advice of the SCC.  Recommendations are yet to be received from High Court Collegiums in respect of the remaining 198 vacancies.

As  a  result  of  the  collaborative  process  between  the  Executive  and Judiciary,  during  the  year  2022,  165  Judges  were  appointed  in  various  High Courts and 08 transfer among High Courts were made (02 Chief Justices and 06 Judges) and during the year 2023, a total of 110 Judges have been appointed in various High Courts and 34 judges have been transferred among various High Courts till 04.12.2023.

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