Law and statutory body

Transfer of High Court Judges (Article 222) and Memorandum of Procedure

GS2 Judiciary, constitutional provisionsPrelims and Mains

In the news since 25 July 2026

Why in news
On 25 July 2026, the Law Ministry told the Lok Sabha how High Court judges are transferred under Article 222 and the Memorandum of Procedure, and how they are appointed.
What it is
Article 222 lets the President transfer a High Court judge to another High Court after consulting the Chief Justice of India. The Memorandum of Procedure is a document that sets out the steps for appointing and transferring higher judiciary judges. The 1998 MoP follows the Second and Third Judges cases.
Article 222
The President may transfer a judge from one High Court to another after consulting the CJI.
Who starts a transfer
The CJI initiates a transfer proposal in consultation with the four senior-most puisne judges of the Supreme Court.
Ground for transfer
Transfers are to be made in public interest, to promote better administration of justice. The MoP sets no timeline for them.
Who starts a High Court appointment
The Chief Justice of the concerned High Court initiates it, in consultation with two senior-most puisne judges of that court.
Timing of recommendations
High Courts must recommend at least six months before a vacancy arises.
Articles for appointment
Articles 124 and 217 cover appointment of Supreme Court and High Court judges; Article 224 covers additional and acting High Court judges.

Don’t confuse with Article 222 vs Article 217: Article 222 deals with transfer of a judge between High Courts. Article 217 deals with appointment and conditions of the office of a High Court judge.

Don’t confuse with Transfer vs appointment initiation: For transfers the CJI initiates with four senior-most puisne judges. For High Court appointments the High Court Chief Justice initiates with two senior-most puisne judges of that court.

Laws, judgments and statutory bodies: 30 Prelims questions since 2013 (what the law says, who chairs, legal basis). In Mains, 44 news-triggered questions, most in GS2, asking for provisions and challenges.

No practice question for this one; the card may still help an answer. Why: Standing constitutional provision with Mains relevance (laws/judgments 35 of 161), but this reply is routine with no new decision.

Worth revising until Prelims 2028: most news questions come within two years of the event.

Each time it was in the news

  1. 25 July 2026

    On 25 July 2026, the Law Ministry told the Lok Sabha how High Court judges are transferred under Article 222 and the Memorandum of Procedure, and how they are appointed.