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Ministry of Law and Justice

High Court Judges' Transfers and Appointments Governed by Constitutional Provisions and Memorandum of Procedure.

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Source-grounded summary

The Ministry of Law and Justice clarified that under Article 222 of the Constitution the President may transfer a High Court judge after consulting the Chief Justice of India (CJI). The Memorandum of Procedure (MoP) requires the CJI, in consultation with the four senior‑most puisne judges of the Supreme Court, to initiate transfer proposals, taking into account the views of the chief justices of the concerned High Courts and personal factors of the judge. All transfers are to be made in public interest, and no specific timeline is prescribed. For appointments, Articles 124, 217 and 224 govern the process, with the CJI initiating Supreme Court appointments and the respective High Court chief justice initiating High Court appointments, consulting senior judges and state governments, and forwarding recommendations to the Supreme Court Collegium for advice.

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