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Constitution of India · Part VI: The States · Application of certain provisions relating to Supreme Court

Article 222: Transfer of a Judge from one High Court to another

In plain words

The President can transfer a Judge from one High Court to another. A transferred Judge receives a compensatory allowance in addition to salary, as Parliament decides by law or, until then, as the President fixes by order.

  • The printed text refers to recommendation by the National Judicial Appointments Commission. The amendment that inserted that wording was declared unconstitutional by the Supreme Court.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Official text

(1) The President may, [on the recommendation of the National Judicial Appointments Commission referred to in article 124A], transfer a Judge from one High Court to any other High Court ***. [(2) When a Judge has been or is so transferred, he shall, during the period he serves, after the commencement of the Constitution (Fifteenth Amendment) Act, 1963, as a Judge of the other High Court, be entitled to receive in addition to his salary such compensatory allowance as may be determined by Parliament by law and, until so determined, such compensatory allowance as the President may by order fix.]

Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the article 222