News Highlight
The common criticism is that the functioning of the Collegium system is opaque and seems to hold greater validity in the matter of the transfers of High Court judges.
Key Takeaway
- A recent round of transfers — among the dozens affected in the last few years — has brought the controversial issue to the fore again.
- The list included three judges from Telangana High Court and two from Madras and Andhra Pradesh High Courts.
Transfer Procedure of High Court Judges
- Article 222
- Article 222 of the Constitution makes provision for the transfer of a Judge (including the Chief Justice) from one High Court to any other High Court.
- The role Chief Justice of India
- The initiation of the proposal for the transfer of a Judge should be made by the Chief Justice of India (CJI).
- CJI is expected to take into account the views of the Chief Justice of the High Court from which the Judge is to be transferred and the Chief Justice of the High Court to which the transfer is to be affected.
- The views of one or more Supreme Court Judges who are in a position to offer his/their views are also taken into account.
- The transfer of a Chief Justice
- In the case of the transfer of a Chief Justice, only the views of one or more Supreme Court Judges need to be considered.
- The views on the proposed transfer of a Judge or a Chief Justice of the High Court should be expressed in writing and should be considered by the CJI and the four senior-most Judges of the Supreme Court.
- The Government
- Once the proposal is referred to the Government, the Union Minister of Law, Justice and Company Affairs would submit a recommendation to the Prime Minister, who will then advise the President on the transfer of the Judge concerned.
- The President
- After the President approves the transfer, the notification will be gazetted, and the judge remains transferred.
The Supreme Court’s view on the issue of transfer
- Union of India vs Sankalchand Himatlal Sheth (1977) case.
- The Supreme Court rejected the idea that High Court judges can be transferred only with their consent.
- It reasoned that the transfer of power could be exercised only in the public interest.
What is the Collegium system?
- About
- The system of appointment and transfer of judges has evolved through the judgement of the supreme court and not by an Act of Parliament or by the provision of the Constitution.
- Constitution and Collegium
- There is no mention of the Collegium in India’s original constitution.
- Composition
- The Supreme Court collegium is headed by the Chief Justice of India (CJI) and comprises the four other senior-most judges of the court.
- How does the Collegium system work?
- The collegium of the CJI and the four senior most judges of the Supreme Court make recommendations for appointments to the apex court and high courts.
- The collegium can veto the government if the latter sends the names back for reconsideration.
- The basic tenet behind the collegium system is that the judiciary should have primacy over the government in matters of appointments and transfers to remain independent.
Content Source: The Hindu