There is “no timeline” prescribed in the Memorandum of Procedure for transfer of high court judges, Law Minister Kiren Rijiju informed the Lok Sabha on Friday.
The Memorandum of Procedure guides the appointment, elevation and transfer of judges of the Supreme Court and 25 high courts.
In a written reply to a question in the Lok Sabha, he said that all transfers are to be made in “public interest” and for promoting better administration of justice throughout the country.
Rijiju’s statement came days after the Supreme Court expressed displeasure over the Centre’s delay in clearing recommendations for transfer of some high court judges, saying it was a very serious issue.
The minister said proposals for transfer of 10 high court judges are under various stages of processing.
“No timeline has been prescribed in the Memorandum of Procedure (MoP) for transfer of judges from one high court to another…. As on February 6, 2023, proposals for transfer of 10 high court judges from one high court to other high courts are under various stages of processing,” Rijiju said.
He said judges of high courts are transferred according to the procedure laid down in the MoP prepared in 1998.
According to the existing MoP, the proposal for transfer of high court judges is initiated by the Chief Justice of India in consultation with four senior-most judges of the Supreme Court, he pointed out.
The MoP further provides that the CJI is also expected to take into account the views of the chief justice of the high court from which the judge is to be transferred, as also the chief justice of the high court to which the transfer is to be effected, he said.
