**Executive Summary**
This document addresses Unstarred Question No. 2273 in the Lok Sabha, concerning the recommendation of the Collegium of the Madras High Court. The question seeks information on the recommendation of candidates for judges, the status of Justice J. Nisha Banu within the Collegium, and her potential request to reconsider her transfer. The response outlines the process for appointing and transferring judges, referencing the Constitution of India, Memorandum of Procedure (MoP), and Supreme Court Judgments. The date of the response is December 12, 2025.
**Key Points / Main Content**
* **Judges Appointment & Recommendation:**
* Recommendations for judge appointments in High Courts are received periodically based on vacancies.
* Appointments are made under Articles 217 and 224 of the Constitution of India.
* Procedure for appointing judges in Supreme Court and High Courts is per the Memorandum of Procedure (MoP) of 1998.
* The Chief Justice of the High Court must form their opinion after consulting at least the two seniormost Judges of the High Court.
* **Memorandum of Procedure (MoP) Stipulations:**
* Regarding appointments, the Chief Justice must consult two seniormost colleagues on the Bench about the suitability of proposed names before forwarding recommendations.
* Transfer proposals are initiated by the Chief Justice of India, consulting with four senior-most puisne Judges of the Supreme Court.
* **Judge Transfers:**
* Article 222 of the Constitution states the President may transfer a Judge from one High Court to another after consulting the Chief Justice of India.
* The MoP considers the Chief Justice of India's opinion as definitive.
* The Chief Justice of India also considers views of the Chief Justices of both High Courts involved in the transfer.
* Personal factors relating to the concerned Judge, including his response to the proposal should be taken into account.
* Transfers are made in the public interest, to promote better administration of justice.
* Justice J. Nisha Banu was transferred from Madras High Court to Kerala High Court, notified on 14.10.2025.
* As per Article 217 (1) (c) of the Constitution of India, a Judge's office is vacated upon transfer by the President to another High Court.
**Impact Analysis**
**Madras High Court:**
* **Impact:** The Madras High Court is affected by the process of recommending judges for appointment and potential transfers. The collegium's composition and recommendations influence the Court's judicial strength.
* **Action Required:** To continue to assess judge vacancies, deliberate, make recommendations, and communicate it in a timely manner.
**Justice J. Nisha Banu:**
* **Impact:** Impacted by the transfer from Madras High Court to Kerala High Court. Any request for reconsideration is subject to the Government's decision.
* **Action Required:** To vacate their position in the Madras High Court and assume the position in Kerala High Court.
**Chief Justice of India:**
* **Impact:** Responsible for initiating transfer proposals and consulting with other judges.
* **Action Required:** Consult with other judges before initiating transfer proposals.
Key Entities Referenced
Constitution of India: Referenced for Articles 217, 222 and 143 related to the appointment and transfer of judges.
Madras High Court: The High Court which made recommendations for judges.
Memorandum of Procedure (MoP): Document outlining the procedure for appointment and transfer of High Court judges.
Supreme Court: Referenced for its judgments and advisory opinions regarding the appointment of judges.
Ministry of Law and Justice: The primary ministry responsible for matters related to law and justice, answering questions in the document.
GOVERNMENT OF INDIA
MINISTRY OF LAW AND JUSTICE
DEPARTMENT OF JUSTICE
LOK SABHA
UNSTARRED QUESTION NO. 2273
TO BE ANSWERED ON FRIDAY, THE 12TH DECEMBER, 2025
RECOMMENDATION OF COLLEGIUM OF MADRAS HIGH COURT
2273. Km. Sudha R. :
Will the Minister of Law and Justice be pleased to state:
(a) whether the Madras High Court has recommended any list of candidates, either from service
judges or from the Bar, for appointment as judge of the court;
(b) if so, whether the High Court collegium has been duly convened and approval obtained as
per rules;
(c) whether Justice J. Nisha Banu is still a part of collegium of Madras High Court;
(d) if so, whether she has signed in the list of recommended names, if not, the reasons therefor;
and
(e) whether any request has been received from Justice J. Nisha Banu to reconsider her transfer
to Kerala High Court, if so, the stand of the Government in this regard?
ANSWER
MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW
AND JUSTICE; AND MINISTER OF STATE IN THE MINISTRY OF
PARLIAMENTARY AFFAIRS
(SHRI ARJUN RAM MEGHWAL)
(a) to (e): Recommendations are received from time to time from various High Courts
including the Madras High Court, for appointment of Judges depending upon vacancies.
Appointment of Judges of the High Courts is made under Articles 217 and 224 of the
Constitution of India. The procedure for appointment of Judges of the Supreme Court and High
Courts is laid down in the Memorandum of Procedure (MoP) prepared in 1998 pursuant to the
Supreme Court Judgment of October 6, 1993 (Second Judges case) read with their Advisory
Opinion of October 28, 1998 (Third Judges case). In the Presidential reference made under
Article 143 of the Constitution, the Supreme Court in its Advisory Opinion dated October 28,
1998 in Third (III) Judges Case inter alia stated that “In matters relating to appointments in
the High Courts….. The opinion of the Chief Justice of the High Court must be formed after
ascertaining the views of at least the two seniormost Judges of the High Court.”With regard to making recommendation for appointment of a Judge in the High Courts,
the MoP inter alia stipulates that “..Before forwarding his recommendation, the Chief Justice
must consult two of his seniormost colleagues on the Bench regarding the suitability of the
names proposed…”
Article 222 of the Constitution stipulates that the President may, after consultation with
the Chief Justice of India, transfer a Judge from one High Court to any other High Court. As
per the Memorandum of Procedure (MoP) for appointment and transfer of High Court Judges,
the proposal for transfer of High Court Judges is initiated by the Chief Justice of India in
consultation with four senior most puisne Judges of the Supreme Court.
The MoP further provides that the opinion of the Chief Justice of India in this regard is
determinative. The Chief Justice of India is also expected to take into account the views of the
Chief Justice of High Court from which the Judge is to be transferred, as also the Chief Justice
of the High Court to which the transfer is to be effected, besides taking into account the views
of one or more Supreme Court Judges who are in position to offer views. The personal factors
relating to the concerned Judge, including the Chief Justice, and his response to the proposal,
including his preference of places, should invariably be taken into account by the Chief Justice
of India and the first four puisne Judges of the Supreme Court before arriving at conclusion on
the proposal. All transfers are to be made in public interest i.e. for promoting better
administration of justice throughout the country.
The transfer of Smt. Justice J. Nisha Banu, Judge, Madras High Court to be a Judge of
the Kerala High Court was notified on 14.10.2025. Article 217 (1) (c) of the Constitution of
India states that “the office of a Judge shall be vacated by his being appointed by the President
to be a Judge of the Supreme Court or by his being transferred by the President to any other
High Court within the territory of India.”
***