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PART VI THE STATES · CHAPTER V.— THE HIGH COURTS IN THE STATES

Article 222: Transfer of a Judge from one High Court to another

The Constitution of India

(1) The President may, 1[on the recommendation of the National Judicial Appointments Commission referred to in article 124A], transfer a Judge from one High Court to any other High Court 2***.

3[(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 and, until so determined, such compensatory allowance as the President may by order fix.]

Footnotes in the official text

  1. 1.Subs. by the Constitution (Ninety-ninth Amendment) Act, 2014, s. 7, for "after consultation with the Chief Justice of India" (w.e.f. 13-4-2015). This amendment has been struck down by the Supreme Court in the case of Supreme Court Advocates-on- Record Association and Another Vs. Union of India in its judgment dated 16-10-2015, AIR 2016 SC 117.
  2. 2.The words "within the territory of India" omitted by the Constitution (Seventh Amendment) Act, 1956, s. 14 (w.e.f. 1-11-1956).
  3. 3.Ins. by the Constitution (Fifteenth Amendment) Act, 1963, s. 5 (w.e.f. 5-10-1963). Original cl. (2) was omitted by the Constitution (Seventh Amendment) Act, 1956, s. 14 (w.e.f. 1-11-1956).

Leading cases

Questions on this article

8 questions in 11 of our papers cite Article 222. Try these from the free papers:

  1. 1. As stated by the Union Law Minister in a written reply in July 2026, under the Memorandum of Procedure, a proposal for the transfer of a High Court Judge is initiated by:

Practise questions on Constitutional Law