Days after the Supreme Court expressed displeasure over Centre’s delay in clearing recommendations for transfer of High Court (HC) judges, Law Minister Kiren Rijiju on Friday informed the Lok Sabha that proposals for transfer of 10 HC judges are under various stages of processing.
In his written reply, the Law Minister stated that “no timeline” has been prescribed in the Memorandum of Procedure (MoP) for transfer of judges from one HC to another.
“As on February 06, 2023, proposals for transfer of 10 High Court judges from one High Court to other High Courts are under various stages of processing,” Mr. Rijiju said.
He said judges of HCs are transferred according to the procedure laid down in the MoP prepared in 1998. And as per the existing MoP, the proposal for transfer of a HC judge is initiated by the Chief Justice of India (CJI) in consultation with four senior-most judges of the Supreme Court, he added.
The MoP further provides that the CJI is expected to take into account the views of the Chief Justice of the HC from which the judge is to be transferred as well as the Chief Justice of the HC where the said judge is being transferred to. “All transfers are to be made in public interest - for promoting better administration of justice throughout the country. No timeline has been prescribed in the MoP for transfer of judges from one High Court to another,” he noted.