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Appointment and Transfer Policy for Judges

The Government has said that appointment of Judges of the Supreme Court and the High Courts is made under Articles 124 and 217 of the Constitution of India respectively and transfer of a Judge including Chief Justice from one High Court to another is made under Article 222 of the Constitution. Giving this information in written reply to a question in the Lok Sabha, Shri Salman Khurshid, Minister of Law & Justice, informed the House that the existing procedure is based on the Supreme Court Judgment dated October 6, 1993 in the case of Supreme Court Advocates on Record & Anr. Vs. Union of India and the Advisory Opinion of the Supreme Court dated October 28, 1998. Shri Khurshid said that there is, at present, no specific proposal under consideration of the Government to reconsider this procedure.

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