Nod of Judge Not Mandatory For Transfer: Law Ministry

Team SoOLEGAL 17 Nov 2017 11:22am

Image courtesy: SC Issues Fresh Directions To PACL Ltd Following Lodha Panel’s Concerns Over Its Non-Cooperation Nod of Judge Not Mandatory For Transfer: Law Ministry

The law ministry has made is clear that it is not necessary to obtain consent from a Judge before transferring him. In a response to a representation by Mr  Sapreet Singh Ajmani, National President of the Youth Bar Association of India (YBAI), the ministry confirmed that the power of transfer can only be exercised  in public interest.

The response, issued under the letterhead of the Ministry of Law & Justice, states, "The initiation of the proposal for the transfer of a Judge should be made by the Chief Justice of India whose opinion in this regard is determinative. Consent of a Judge for his first or subsequent transfer would not be required. All transfers are to be made in public interest i.e. for promoting better administration of justice throughout the country".

Mr. Ajmani had made a representation to the Union Minister of Law & Justice regarding transfer of Judges from their parent High Courts. He had also sought framing of guidelines for transfer of High Court Judges, similar to the ones in existence for transfer of subordinate Judicial Officers.

Earlier in June this year, the YBAI had also made a representation to the then President, Mr. Pranab Mukherjee, demanding transfer of Judges to High Courts where they have not regularly practiced as Advocates.

Tagged: Law Ministry   Transfer of a Judges   High Court Judges   Law & Justice   Advocates  
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