Lok Sabha Question No. 2273 (UNSTARRED), answered on 2025-12-12
Subject: Recommendation of Collegium of Madras High Court
Ministry: LAW AND JUSTICE
Asked by: Km. Sudha R

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA UNSTARRED QUESTION NO. 2273 TO BE ANSWERED ON FRIDAY, THE 12 TH  DECEMBER, 2025

## RECOMMENDATION OF COLLEGIUM OF MADRAS HIGH COURT

## 2273. Km. Sudha R. :

Will the Minister of Law and Justice be pleased to state:

- (a) whether the Madras High Court has recommended any list of candidates, either from service judges or from the Bar, for appointment as judge of the court;
- (b) if so, whether the High Court collegium has been duly convened and approval obtained as per rules;
- (c) whether Justice J. Nisha Banu is still a part of collegium of Madras High Court;
- (d) if so, whether she has signed in the list of recommended names, if not, the reasons therefor; and
- (e) whether any request has been received from Justice J. Nisha Banu to reconsider her transfer to Kerala High Court, if so, the stand of the Government in this regard?

## ANSWER

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

## (SHRI ARJUN RAM MEGHWAL)

(a) to (e): Recommendations are received from time to time from various High Courts including  the  Madras  High  Court,  for  appointment  of  Judges  depending  upon  vacancies. Appointment  of  Judges  of  the  High  Courts  is  made  under  Articles  217  and  224  of  the Constitution of India. The procedure for appointment of Judges of the Supreme Court and High Courts is laid down in the Memorandum of Procedure (MoP) prepared in 1998 pursuant to the Supreme Court Judgment of October 6, 1993 (Second Judges case) read with their Advisory Opinion of October 28, 1998 (Third Judges case). In the Presidential reference made under Article 143 of the Constitution, the Supreme Court in its Advisory Opinion dated October 28, 1998 in Third (III) Judges Case inter alia stated that 'In matters relating to appointments in the High Courts….. The opinion of the Chief Justice of the High Court must be formed after ascertaining the views of at least the two seniormost Judges of the High Court.'

With regard to making recommendation for appointment of a Judge in the High Courts, the MoP inter alia stipulates that '..Before forwarding his recommendation, the Chief Justice must consult two of his seniormost colleagues on the Bench regarding the suitability of the names proposed…'

Article 222 of the Constitution stipulates that the President may, after consultation with the Chief Justice of India, transfer a Judge from one High Court to any other High Court. As per the 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 senior most puisne Judges of the Supreme Court.

The MoP further provides that the opinion of the Chief Justice of India in this regard is determinative. 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 position to offer views. 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.  All  transfers  are  to  be  made  in  public  interest  i.e.  for  promoting  better administration of justice throughout the country.

The transfer of Smt. Justice J. Nisha Banu, Judge, Madras High Court to be a Judge of the Kerala High Court was notified on 14.10.2025.  Article 217 (1) (c) of the Constitution of India states that 'the office of a Judge shall be vacated by his being appointed by the President to be a Judge of the Supreme Court or by his being transferred by the President to any other High Court within the territory of India.'

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