Part VI - The States • Article

Article 222 Simplified: Transfer of a Judge from one High Court to another

Article 222 governs the transfer of High Court judges from one High Court to another. The President has the power to transfer a judge, acting on the recommendation of the Supreme Court Collegium (consulting the Chief Justice of India, the transferring HC Chief Justice, and the receiving HC Chief Justice). A judge who is transferred is entitled to receive a compensatory allowance in addition to their salary, as determined by Parliament (or fixed by the President until Parliament decides).

Official Text

(1) The President may, [on the recommendation of the National Judicial Appointments Commission referred to in article 124A], transfer a Judge from one High Court to any other High Court ***. [(2) When a Judge has been or is so transferred, he shall, during the period he serves, after the commencement of the Constitution (Fifteenth Amendment) Act, 1963, as a Judge of the other High Court, be entitled to receive in addition to his salary such compensatory allowance as may be determined by Parliament by law and, until so determined, such compensatory allowance as the President may by order fix.]

Simple Meaning

Explain Like Ten

The President can move a High Court judge from one state to another. When a judge is moved, they get a special extra allowance on top of their salary to help with the relocation and service in the new state.

Student Mode

Article 222 governs the transfer of High Court judges by the President. Following judicial interpretations, this power must be exercised on the recommendation of the Chief Justice of India (via the Collegium) in public interest. Transferred judges are entitled to receive a compensatory allowance determined by Parliament.

Example

A judge of the Delhi High Court is transferred to the Rajasthan High Court by the President on the binding recommendation of the SC Collegium. While serving in Rajasthan, the judge receives their standard judicial salary plus a compensatory allowance fixed under Article 222 to cover relocation and service in a different state.

Key Takeaway

Article 222 allows the President to transfer High Court judges on Collegium advice, guaranteeing them an additional compensatory allowance during their transfer tenure.

FAQs

Who initiates the transfer of a High Court judge?

The President of India issues the transfer order, but it must be based on the recommendation of the Supreme Court Collegium headed by the Chief Justice of India.

Is a transferred judge entitled to any extra compensation?

Yes, they receive a compensatory allowance in addition to their salary, as determined by Parliament or fixed by the President.

Can the transfer of a judge be challenged in court?

Yes, a transfer can be judicially reviewed if it was made without consulting the Chief Justice of India or if it was done as a punishment rather than in public interest.