How do frequent transfers of High Court judges impact the independence and effectiveness of the judiciary?
The Supreme Court Collegium has proposed transferring 14 judges across nine High Courts. I want to understand how such transfers affect the functioning and impartiality of the judiciary.
Frequent transfers of High Court judges are a significant aspect of judicial administration in India, often intended to promote impartiality and prevent local influences. However, such transfers can have both positive and negative impacts on the independence and effectiveness of the judiciary.
- Impact on Judicial Independence:
- Frequent transfers may undermine the security of tenure, making judges feel insecure about their positions and postings.
- This insecurity can create a perception that judges are vulnerable to executive or collegium pressures, potentially affecting their impartiality in decision-making.
- Transfers can be misused as a tool to discipline or sideline judges who deliver inconvenient judgments, thereby threatening judicial independence.
- Impact on Effectiveness:
- Transferred judges may take time to understand the new court's local laws, language, customs, and administrative setup, which can delay the delivery of justice.
- Frequent relocations disrupt the continuity of ongoing cases, leading to delays and increasing the pendency of cases.
- Judges may feel demotivated or less accountable if they are frequently moved, impacting the quality of judgments.
- Other Concerns:
- Personal and family hardships due to frequent relocations can affect the morale and mental well-being of judges.
- Lack of transparency in the transfer process can raise questions about fairness and erode public trust in the judiciary.
Answered
2 days ago