After Law Minister Cites Article 217(1)(c) In Parliament, President Directs Justice Nisha Banu To Join Kerala HC By December 20
The Law Minister, while answering a question in Parliament, had referred to the Constitutional provision which mandates that a Judge vacates office upon transfer.
The President of India has directed Justice J. Nisha Banu to assume charge as a Judge of the Kerala High Court on or before December 20, 2025, amid her not joining the Kerala High Court despite not taking up judicial work in the Madras High Court.
By a notification dated December 12, 2025, issued by the Department of Justice, Ministry of Law and Justice, the President of India, after consultation with the Chief Justice of India, reiterated Justice Banu’s transfer to the Kerala High Court. The notification refers to the earlier order dated October 14, 2025, by which her transfer was notified following the Supreme Court Collegium’s recommendation of August 27, 2025, accepted by the Central Government on October 15, 2025. It read, "The President, after consultation with the Chief Justice of India, is pleased to direct Smt. Justice J. Nisha Banu, Judge, Madras High Court to assume charge of her office in the Kerala High Court on or before 20.12.2025 ."
Earlier, responding to Lok Sabha Unstarred Question No. 2273 tabled by Km. Sudha R. on December 12, 2025, Minister of State (Independent Charge) for Law and Justice, Arjun Ram Meghwal had stated that recommendations for appointment of High Court judges are “received from time to time” from various High Courts, including the Madras High Court, depending on vacancies.
The Minister explained that appointments are made under Articles 217 and 224 of the Constitution, and the procedure is governed by the Memorandum of Procedure (MoP) framed pursuant to the Supreme Court’s judgments in the Second Judges Case (1993) and the Third Judges Case (1998). Quoting the Supreme Court’s advisory opinion in the Third Judges Case, the reply noted that, in matters relating to High Court appointments, “the opinion of the Chief Justice of the High Court must be formed after ascertaining the views of at least the two seniormost Judges of the High Court.”
The MoP, the Minister said, further stipulates that before forwarding recommendations, the Chief Justice of a High Court must consult two seniormost colleagues regarding the suitability of the proposed names.
On the issue of transfers, the reply referred to Article 222 of the Constitution, under which the President may, after consultation with the Chief Justice of India, transfer a judge from one High Court to another. As per the MoP, proposals for transfer are initiated by the Chief Justice of India in consultation with the four seniormost puisne judges of the Supreme Court, and the opinion of the Chief Justice of India is determinative. Transfers, the Government emphasised, are made in public interest for promoting better administration of justice.
With specific reference to Justice Nisha Banu, the Government confirmed that her transfer from the Madras High Court to the Kerala High Court was notified on October 14, 2025. The reply drew attention to Article 217(1)(c) of the Constitution, which provides that “the office of a Judge shall be vacated by his being transferred by the President to any other High Court within the territory of India.”
Justice Banu, who was elevated to the Madras High Court on October 5, 2016, was the third seniormost judge there at the time of transfer and became the ninth seniormost judge in the Kerala High Court. She has not attended judicial work in the Madras High Court since October 14, 2025, but has also not yet joined the Kerala High Court. Notably, the official website of the Madras High Court continues to list her among its 55 sitting judges.
She was recommended for transfer by the Supreme Court Collegium to the Kerala High Court in August, and the Centre had accepted the recommendation in October.
On November 9, 2025, the Madras High Court collegium recommended six District Judges for elevation. The Tamil Nadu Government returned the proposal, not disputing the candidates’ suitability, but seeking clarification on the non-inclusion of Justice Banu in the collegium while Justice M.S. Ramesh, the next seniormost judge, was included.
The issue had also drawn attention from the Bar. Last month, 50 lawyers of the Madras High Court wrote to the President of India alleging that Justice Banu was intentionally delaying her joining in Kerala to continue as part of the Madras High Court collegium.