Justice Yashwant Varma’s Transfer Repatriated to Allahabad High Court after allegations of charred currency notes found at his residence.
Delhi HC Chief Justice D.K. Upadhyaya sought an in-house inquiry, leading to his transfer.
Justice Varma denies allegations, calling them a conspiracy to tarnish his reputation.
How High Court Judges Are Transferred
Article 222(1) of the Constitution allows the President to transfer judges after consulting the Chief Justice of India (CJI).
Three key Supreme Court cases shaped the process:
First Judges Case (1981) – Affirmed executive primacy in appointments/transfers.
Second Judges Case (1993) – Established the collegium system, giving the CJI the final say.
Third Judges Case (1998) – Mandated a five-member collegium for transfers.
Transfers are meant to serve public interest and improve justice administration.
Judges do not need to consent to their transfers.
Criticism of the Transfer Process
International Commission of Jurists (ICJ) Report (2024) flagged:
Opaque appointment & transfer processes.
Executive interference affecting judicial independence.
Transfers sometimes being punitive or retaliatory rather than for public interest.
ICJ recommended a Judicial Council to oversee appointments and transfers based on clear, objective criteria.
National Judicial Appointments Commission (NJAC) Controversy
Enacted in 2014 to replace the collegium system and make appointments more transparent.
Struck down in 2015 by a 4:1 Supreme Court ruling as unconstitutional for:
Allowing non-judges to veto appointments.
Violating judicial independence (basic structure doctrine).
Vice President Jagdeep Dhankhar recently stated that things would have been different if the NJAC had survived.
What’s Next?
No timeline for the inquiry into Justice Varma’s case.
Allahabad High Court Chief Justice instructed not to assign him judicial work.
Judicial independence vs. accountability debate reignited, with calls for reforms in appointments & transfers.
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