Home The Constitution Part VI Article 222

Art. 222 Part VI: The States

Transfer of a Judge From One High Court to Another

Exact text — Constitution of India

(1) The President may, after consultation with the Chief Justice of India, transfer a Judge from one High Court to any other High Court. (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...

In Plain English

What this Article actually means

This Article gives the President (after consulting the Chief Justice of India) power to transfer a High Court judge from one state's High Court to another — historically a significant, occasionally controversial tool, since transfers have sometimes been perceived as a way to indirectly pressure judges through professional and personal disruption.

Why This Matters To You

How it shows up in everyday life

Judicial transfers remain a genuinely sensitive area of constitutional practice — while meant as a neutral administrative tool (and now channeled through the collegium's involvement in the 'consultation' process), transfers have periodically been the subject of controversy when perceived as connected to specific, potentially unpopular judicial rulings.

Landmark Cases

How courts have interpreted this Article

Union of India v. Sankalchand Himatlal ShethAIR 1977 SC 2328 — An early, significant ruling on judicial transfers, addressing the extent of consultation required and safeguards against transfers being used punitively. Verify this case

Read alongside this one

Art. 124 — Establishment and Constitution of Supreme Court

Frequently Asked

Quick answers about Article 222

Can a judge be transferred against their wishes?

This remains a genuinely debated area — while the Article's text doesn't require the judge's own consent, established convention and evolving collegium practice have generally sought to give real weight to a judge's views, though the formal power to transfer without consent does exist under this Article.

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The text above reproduces Article 222 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.