Archive · 27 Dec 2025
High Court Judge Resists Transfer Order
A judge named Justice J Nisha Banu was told to move from the Madras High Court to the Kerala High Court by the President of India.
She has not yet gone to her new job.
The President sent a reminder, which is unusual.
The law says the President can move judges, but there is no punishment if a judge refuses.
The judge can't work in the old court, but she also can't be forced to go to the new one.
Experts say the system relies on the judge following the rules rather than being punished.
There have been a few cases like this before, and usually, the judge either goes or resigns.
Justice J Nisha Banu of the Madras High Court has not assumed charge at the Kerala High Court despite a transfer order issued on October 14, 2025.
The President of India issued a rare reminder directing compliance with the transfer order.
Under Article 222(1) of the Constitution, the President can transfer a high court judge with consultation from the Chief Justice of India, but the judge's consent is not required.
There is no legal mechanism to enforce the transfer order, and the only formal remedy for non-compliance is impeachment, which is a political and extraordinary measure.
Experts agree that the system relies on constitutional convention and self-discipline rather than coercive tools to enforce judicial transfers.
- Who
- Justice J Nisha Banu, a judge of the Madras High Court
- What
- Resisting a transfer order to the Kerala High Court
- When
- Transfer order issued on October 14, 2025
- Where
- Madras High Court and Kerala High Court, India
- Why
- No clear legal mechanism to enforce transfer orders, reliance on constitutional convention and self-discipline
- Judge Involved
- Justice J Nisha Banu
- Current High Court
- Madras High Court
- Transferred High Court
- Kerala High Court
- Transfer Order Date
- October 14, 2025
- Constitutional Article for Transfer
- Article 222(1)
- Constitutional Article for Removal
- Articles 124(4) and 218
- Impeachment Requirement
- Political and extraordinary measure
