Transfer of a Judge from One High Court to Another
Official heading: “Transfer of a Judge from one High Court to another.”
- Source edition
- The Constitution of India (as on 1 May 2026)
- Source locator
- Part VI, Article 222, printed page 102
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1. In One Sentence
Article 222 empowers the President, after consultation with the Chief Justice of India, to transfer a High Court Judge to another High Court, with entitlement to a compensatory allowance.
2. What It Means in Everyday Language
Article 222 governs the inter-State transfer of High Court Judges, providing a crucial mechanism for national judicial integration and institutional health.
Presidential Transfer on CJI Consultation: The President may, after consultation with the Chief Justice of India, transfer a Judge from one High Court to any other High Court.
Compensatory Allowance: Clause (2), inserted by the Fifteenth Amendment (1963), provides that a transferred judge is entitled to receive a compensatory allowance in addition to salary, as determined by Parliament by law.
Landmark Jurisprudence (S.P. Gupta & Second Judges Case): In S.P. Gupta v. Union of India (1981) and Supreme Court Advocates-on-Record Association (1993), the Supreme Court ruled that transfers must be made strictly in the public interest and to promote the administration of justice, NEVER as a punitive measure or political reprisal. The opinion of the CJI (formed in consultation with the Supreme Court collegium) carries primacy to safeguard judicial independence.
3. Practical Illustrative Example
A High Court judge is transferred to another State High Court following recommendations by the Supreme Court collegium.
4. Important Limits, Qualifications & Exceptions
Article 222 balances national judicial integration with protections against punitive transfers.
- Transfer power vested in President after mandatory CJI consultation.
- CJI collegium primacy prevents executive retaliation.
- Public interest standard: Punitive transfers are unconstitutional.
- Compensatory allowance under Clause (2) offsets relocation burdens.
5. Operative Constitutional Text
6. Sources & Historical Assembly Deliberations
Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.
- •Government of India (Legislative Department, Ministry of Law and Justice) • Part VI, Article 222, printed page 102 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.