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Article 222 of Indian Constitution- Detailed Analysis

Last Updated on Apr 11, 2025
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Overview

Name of the Article

Article 222 of Indian Constitution- Transfer of a Judge from one High Court to another

Part of the Constitutional Article

Part VI

Under Part VI of the Constitution, Article 222 of Indian Constitution pertains to the transfer of judges from one High Court to another. The provision functions as an important element for sustaining efficient and trustworthy judicial operations by distributing resources throughout High Courts in the country. 

Background of Article 222 of Indian Constitution

The creators of the Indian Constitution wanted a strong and independent judiciary system. The Indian Constitution's framers created rules for appointing, promoting and transferring judges. This helped create a strong and independent judiciary. Article 222 explains a transfer process. It aims to boost judicial fairness and make High Court judges more efficient. The Constitution permits judges to be moved to prevent regional bias. This helps ensure fair justice standards everywhere in the country. Explore in-depth analysis of other Constitutional Articles.

Interpretation of Article 222 of Indian Constitution

Under  Indian Constitution, Article 222(1) states: "The President may, after consultation with the Chief Justice of India, transfer a Judge from one High Court to any other High Court." This clause empowers the President to transfer judges between High Courts, provided that the Chief Justice of India (CJI) is consulted. The term "consultation" has been a subject of extensive judicial interpretation mainly concerning its binding nature on the President's decision.

Article 222(2) states that a transferred judge gets a compensatory allowance. This amount is set by Parliament. This clause acknowledges the financial and human effects of these transfers and attempts to lessen any suffering the judges may experience. If Parliament has not yet reached a decision, the President will make it.

Landmark Cases and Judgments of Article 222 of Indian Constitution

Several landmark judgments have shaped the understanding and application of Article 222:

  1. Union of India vs Sankalchand Himatlal Sheth (1977): Justice Sheth opposed his transfer from the Gujarat High Court to the Andhra Pradesh High Court. He said the transfer broke his basic rights and lacked proper consultation. The Supreme Court ruled that the president can move judges under Article 222, but only for public interest. This power cannot be used as a form of punishment. The Court decided that talks with the Chief Justice of India need to be meaningful. They must rely on relevant information. It is important to keep judicial independence safe from the effects of transfers.
  2. S.P. Gupta vs. Union of India (1981): This case is called the "Judges' Transfer Case." It examined the level of consultation needed under Article 222. The Supreme Court says the President has to consult the CJI. But, this consultation is not mandatory. The Court shows that the CJI's viewpoint matters a lot. If someone wants to stray from this view, they need a good reason.

Significance of Article 222 of Indian Constitution

Significance of Article 222 are as follows:

  • Promoting Judicial Impartiality: The provision enables the transfer of judges which prevents regional biases while ensuring judges avoid acquiring vested interests in specific High Courts
  • Administrative Efficiency: The transfer system helps equalize workloads between different High Courts which enables faster judicial outcomes nationwide.
  • Professional Development: Judges can improve their skills and expand their perspectives by studying different legal practices in various High Courts.

Developments and Amendments of Article 222 of Indian Constitution

The principles governing the transfer of judges under Article 222 have evolved in these years

  • Collegium System: The Supreme Court of India, through various judgments made the collegium system- a group of senior judges including the CJI, collectively make recommendations relating to judicial appointments and transfers. This system's purpose is to uphold judicial independence by minimizing executive intervention.
  • National Judicial Appointments Commission (NJAC): In 2014, the Parliament enacted the 99th Constitutional Amendment Act to replace the collegium system with the NJAC, a body comprising members from the judiciary, executive and civil society. In 2015 the Supreme Court struck down the NJAC stating threats to judicial independence thereby reinstating the collegium system.

Conclusion

Article 222 sets up a key framework. It supports judicial independence and boosts administrative efficiency. The President has the power to transfer High Court judges under Article 222. This process needs a mandatory consultation with the Chief Justice of India. This step helps stop misuse of this authority. Landmark judgments have clarified this provision. They ensure that transfers promote fair and efficient justice. The framers of the Constitution showed great foresight with Article 222. This article still meets the changing needs of India’s judicial system.

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FAQs on Article 222 of Indian Constitution

The President of India, after consulting the Chief Justice of India, holds the authority to transfer judges between High Courts.

No, a judge's consent is not mandated for such transfers. The President can proceed after consulting the Chief Justice of India, according to Article 222.

Transferred judges receive a compensatory allowance, in addition to their salary, as determined by Parliament or, until then, as fixed by the President

This landmark case clarified that while the President has the power to transfer judges under Article 222, such transfers must be made in the public interest and not as punitive measures.

By mandating consultation with the Chief Justice of India before any transfer, Article 222 ensures that decisions are made considering judicial independence and integrity.
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