Judges’ transfer

Judges’ transfer

The Tribune, Gurgaon, 9 May 2016

http://epaper.tribuneindia.com/c/10175333

Apropos Fali S. Nariman’s article “When to transfer a judge” (May 7), Parliament never refused for a law to provide for minor punishments to deviant judges. The Judicial Standards and Accountability Bill inter alia incorporating provisions for the same was passed by the Lok Sabha on March 29, 2012 but had lapsed in the Rajya Sabha following the dissolution of the 15th Lok Sabha in 2014. Now the Modi government wants to bring afresh the legislation with some changes. Although the consent of a judge, or of a chief justice of a high court for his or her transfer to another high court is not required under Article 222 of the Constitution, the Supreme Court in 1993 held that personal factors relating to the judge concerned, and his response to the proposal, including his preference of places of transfer, should be taken into account by the Chief Justice of India. The transfer policy of judges of the higher judiciary envisages the transfer of the chief justice or judges from one high court to another and the recruitment of one-third judges in each high court from outside the state in which high court is situated. It has come in place after prolonged deliberations at various fora viz. the Constituent Assembly, State Reorganization Commission, Law Commission and Administrative Reform Commission etc. The present policy also finds approval from the decisions of the Supreme Court in 1st Judges Case in 1982 and 2nd Judges Case in 1993. After the adoption of the transfer policy and with the clear provision for transfer in Article 222, any transfer in accordance with the recommendation of the Chief Justice of India (through a collegium of judges) as per norms laid down by the Supreme Court cannot be treated as punitive or an erosion in the independence of judiciary. Transfer is an obvious incident of a judge's tenure. 

RAJENDER GOYAL, Bahadurgarh

Also read “Debate on CJs’ appointment” THE TRIBUNE, NEW DELHI, October 20, 2010, P. 10 @   http://rajkhushiniti.blogspot.in/2010/10/policy-of-appointment-of-chief-justice.html