What is Article 222 of Indian Constitution – Defination & Meaning

Article 222: Transfer of a Judge from one High Court to another (1) The President may transfer a Judge from one High Court to any other High Court. (2) When a
📅 Part VI – The States
🏷️Active

📚 UPSC Relevant

Article Number

222

part

Part VI – The States

Status

Active

Full Definition & Explanation

Article 222 of the Indian Constitution allows the President to transfer a judge from one High Court to another. This empowers the President to ensure that judges can be moved to different jurisdictions if required. It helps maintain the efficiency and integrity of the judiciary by allowing for reshuffling of judges based on administrative needs or regional requirements. When a judge is transferred, they are entitled to receive a compensatory allowance in addition to their salary. This allowance is determined by Parliament through law. If Parliament has not fixed the amount, the President can set it by order. This provision ensures that judges do not face financial hardship due to relocation, as moving to a new High Court may involve major changes in their personal and professional life. The article affects judges of the High Courts, who may be transferred based on various considerations. While it provides flexibility, the transfer must be conducted with care to ensure that the independence of the judiciary is respected. The transfer of judges can influence their career path and the functioning of the judiciary in a particular region. By allowing such transfers, the Constitution seeks to balance regional representation and judicial efficiency across the country.

Historical Context

This empowers the President to ensure that judges can be moved to different jurisdictions if required. It helps maintain the efficiency and integrity of the judiciary by allowing for reshuffling of judges based on administrative needs or regional requirements. When a judge is transferred, they are entitled to receive a compensatory allowance in addition to their salary. This allowance is determined by Parliament through law. Article 222 of the Indian Constitution allows the President to transfer a judge from one High Court to another. If Parliament has not fixed the amount, the President can set it by order. This provision ensures that judges do not face financial hardship due to relocation, as moving to a new High Court may involve major changes in their personal and professional life.

Key Features

– The President has the power to transfer judges between High Courts.
– Judges receive compensatory allowances during their transfer
– Compensatory allowances are determined by law or the President’s order.
– The provision aims to enhance judicial efficiency and integrity.
– The article applies to all High Court judges in India.

Importance & Impact

– Judicial transfers can improve administrative efficiency in the judiciary
– Compensatory allowances prevent financial strain on transferred judges
– Transfers help in maintaining the integrity of the judicial system.
– This article ensures judges can serve in different regions
– The provision supports balanced regional representation in the judiciary

Sample UPSC Question

Consider the following statements regarding Article 222 of the Indian Constitution: 1. It allows the President to transfer judges between High Courts. 2. Judges are entitled to a compensatory allowance upon transfer. Which of the statements is/are correct? A) Only 1 B) Only 2 C) Both 1 and 2 D) Neither 1 nor 2? Analyze these options carefully in light of the constitutional distribution of legislative and executive powers.

Answer

The correct answer is C) Both 1 and 2. Article 222 allows the President to transfer judges between High Courts and provides for compensatory allowances for transferred judges, ensuring financial support during the transition. Article 222 of the Indian Constitution allows the President to transfer a judge from one High Court to another.

Key Takeaways

✓ Article 222 allows presidential transfer of High Court judges.
✓ Judges receive allowances to support their relocation costs.
✓ The article promotes judicial efficiency across different regions.
✓ Compensatory allowances are fixed by law or presidential order.
✓ Transfers help maintain the integrity of the judicial system.

FAQs

Article 222 of the Indian Constitution allows the President to transfer a judge from one High Court to another. This empowers the President to ensure that judges can be moved to different jurisdictions if required. It helps maintain the efficiency and integrity of the judiciary by allowing for reshuffling of judges based on administrative needs or regional requirements.

If Parliament has not fixed the amount, the President can set it by order. This provision ensures that judges do not face financial hardship due to relocation, as moving to a new High Court may involve major changes in their personal and professional life. The article affects judges of the High Courts, who may be transferred based on various considerations.

While it provides flexibility, the transfer must be conducted with care to ensure that the independence of the judiciary is respected. The transfer of judges can influence their career path and the functioning of the judiciary in a particular region. By allowing such transfers, the Constitution seeks to balance regional representation and judicial efficiency across the country.

Related Articles

Editor-in-Chief Pramod

Founder and Editor-in-Chief at StudyHub. Pramod has spent over 7 years tracking Indian government recruitments and analyzing exam trends. He oversees the StudyHub editorial board, managing a dedicated team of subject-matter experts across History, Polity, Geography, Geology, and General Sciences. His mission is to ensure that every job alert and study resource published on StudyHub is 100% verified, accurate, and helpful for competitive exam aspirants.
Scroll to Top