WHAT HAPPENS when a High Court judge does not join the transferee court despite the President of India’s order, who is the appointing authority of the judges of the High Courts and the Supreme Court?
Justice J. Nisha Banu of the Madras High Court, who was transferred by the order of the President to the Kerala High Court on October 14, 2025, is yet to assume charge of her office there.
In a not so common move, the President of India, in consultation with the Chief Justice of India, has issued a fresh order asking Justice Banu to join the Kerala High Court by December 20, 2025.
As per a report in The Hindu, Justice Banu, immediately after her transfer, went on leave and applied to the collegium to reconsider her transfer.
The issue was also raised in Parliament when a Congress Member of Parliament, Km. Sudha R, asked the Union Law Ministry whether Justice Banu continued to be part of the Madras High Court collegium and whether she had signed any list of candidates recommended for appointment as judges. Justice Banu has been a part of the Madras High Court collegium. The Law Minister did not answer the queries clearly, except to state that she was transferred on October 14, 2025.
