Article 222 of Constitution of India – Transfer of a Judge from one High Court to another.
Article 222 of Constitution of India deals with Transfer of a Judge from one High Court to another.
Original Text of Article 222 of Constitution of India
(1) The President may, 1[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
(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.
Questions related to Article 222 of Constitution of India
Article 222 empowers the President of India to transfer a judge from one High Court to another, after consultation with the Chief Justice of India, as per the Constitution of India.
A judge may express their views, but the final decision rests with the President, based on the Chief Justice of India’s recommendation, as clarified in case laws listed on Indian Kanoon.
It ensures that the transfer is done with judicial independence and objectivity, not influenced by executive bias — a safeguard enshrined in the Articles of Indian Constitution.
Yes, under Article 222(2), a compensatory allowance is provided to the judge if the transfer results in any financial disadvantage, maintaining fairness under the Indian Constitution.
You can explore Indian Kanoon for detailed judgments, constitutional commentary, and cases involving transfers of judges under Article 222 of the Indian Constitution.
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