Lack of Uniformity in Judicial Transfers Sparks Debate Over Collegium Transparency

NEW DELHI: The Supreme Court collegium’s prerogative to transfer High Court judges is officially grounded in the “better administration of justice.” However, a pattern of inconsistent decision-making is fueling internal frustration among members of the judiciary. While the collegium has occasionally demonstrated compassion by repatriating judges close to retirement or those facing personal medical crises, its refusal to apply these standards uniformly has left many questioning the transparency of the process.

The Repatriation Paradox

The spotlight on this inconsistency intensified following the collegium’s September 28 recommendation to repatriate Justice T. Vinod Kumar from the Madras High Court to his parent High Court in Telangana. The official reasoning cited was the judge’s “ensuing retirement” on November 16.

This decision, however, stands in stark contrast to the treatment of other judges. For example, Justice D. Nagarjun, who was elevated to the Telangana High Court in 2022 and subsequently transferred to Madras, requested a return to his home state in July 2024 ahead of his retirement in August. Despite his plea, the collegium remained silent, effectively compelling him to retire away from his parent court. Critics argue that if proximity to retirement is a valid ground for repatriation, its application should be universal rather than selective.

Compassion vs. Aloofness

The discrepancy extends beyond retirement logistics into sensitive personal and familial matters. Instances have emerged where judges, grappling with severe medical crises within their immediate families, have seen their transfer requests ignored or flatly rejected.

A judge from the Punjab and Haryana High Court sought relief from a transfer order, citing his wife’s serious illness and his child’s disability. Despite the gravity of the circumstances, the collegium maintained a rigid stance, refusing to deviate from the transfer order. Similarly, Justice D.V. Ramana of the Andhra Pradesh High Court expressed open frustration upon his retirement. Having been transferred to the Madhya Pradesh High Court, he had requested a move to Karnataka specifically to secure neurological treatment for his wife at NIMHANS. His requests were neither formally considered nor explicitly rejected, leaving him in a state of professional and personal limbo.

Demand for a Transparent Policy

The perceived arbitrariness of these decisions has sparked calls for a formal, codified transfer policy. Senior judicial voices, including a member of the collegium slated to become the next Chief Justice of India, have suggested that the current system lacks the necessary structure to ensure fairness.

Proponents of reform argue that a transparent framework would mitigate resentment and eliminate the “aloofness” currently attributed to the collegium. One proposed solution is the implementation of a “watch and warn” system. Under this model, a judge under scrutiny for performance issues or conduct would be formally alerted and monitored before any drastic transfer order is issued.

As the debate continues, the legal fraternity remains divided. While some maintain that the collegium must retain wide discretionary powers to ensure judicial independence and administrative efficacy, a growing chorus of judges believes that “better administration of justice” should be built on a foundation of predictable, transparent, and compassionate procedures. Without such clarity, the collegium risks continued criticism regarding the fairness of its most sensitive personnel decisions.

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