No uniform explanation for collegium decisions on compassionate transfers
The Indian Supreme Court collegium faces criticism for lacking a uniform policy regarding the transfer of High Court judges. While some judges receive compassionate transfers for health or family reasons, others are denied similar requests, leading to calls for more transparent procedures.
Why it matters
The lack of clear transfer protocols raises questions about judicial independence and the fairness of administrative decisions within the Indian legal system.
NEW DELHI: The Supreme Court collegium's decisions to transfer judges from one HC to another are explained as being meant "for the better administration of justice". But the standard reasoning does not translate into a uniform explanation, with the collegium showing unusual compassion in approving requests from some for transfer or repatriation due to difficult family situations or health issues, while maintaining aloofness from others.There are many judges in HCs who have expressed resentment at the absence of any procedure or norm for transfer of HC judges. A member of the collegium, who will go on to become CJI, has mooted framing a transparent transfer policy. He told TOI that a judge under consideration for transfer should be warned first to mend his ways and be kept under watch for some time.
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