The President directed Justice Nisha Banu to assume charge as Judge of the Kerala High Court on or before December 20, 2025, after consulting CJI. The Centre notified her transfer from Madras High Court on October 14, 2025.
The President of India instructed Justice Nisha Banu to take office as a Judge of the Kerala High Court by December 20, 2025.
The notification stated,
“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, On October 14, 2025, the Central government announced Justice Banu’s transfer from the Madras High Court to the Kerala High Court. However, nearly two months later, she has yet to assume her new position.
This delay has caused ‘s concerns, Justice Banu mentioned in an earlier statement to The Hindu that she had applied for leave and requested reconsideration of her transfer.
The newspaper reported last month, quoting the judge,
“When approached for her reaction, Justice Banu said she had submitted an earned leave application at the Madras High Court in view of her son’s marriage and was simultaneously awaiting the result of a request made for reconsideration of her transfer to the Kerala High Court,”
In this context, Congress MP Km Sudha R raised questions in the Lok Sabha regarding whether Justice Banu remained part of the Madras High Court collegium and if she had signed any recommendations for judicial appointments.
The parliamentarian also inquired whether Justice Banu had indeed sought a reconsideration of her transfer.
In reply, the government did not address these inquiries explicitly. Instead, Law Minister Arjun Ram Meghwal detailed the constitutional and procedural framework surrounding judicial appointments and transfers.
Citing Article 217 of the Constitution, the minister clarified that a judge must vacate her current office upon being transferred to another High Court.
He reaffirmed that Justice Banu’s transfer was officially communicated on October 14, 2025, referencing Article 217(1)(c), which stipulates that a judge’s position shall be vacated upon transfer by the President to a different High Court.
Article 217(1)(c) of the Constitution of India deals with the removal of a Judge of a High Court.
In simple terms, it says that a Judge of a High Court can be removed only by the President of India, and only after an address by Parliament supported by a special majority.
Here is the provision explained clearly:
- A High Court Judge cannot be removed casually or by the executive alone.
- Removal is possible only on two grounds:
(i) proved misbehaviour, or
(ii) incapacity. - Both Lok Sabha and Rajya Sabha must pass a motion for removal.
- The motion must be supported by:
- a majority of the total membership of that House, and
- a two-thirds majority of members present and voting.
- Once Parliament passes such an address, the President issues the order of removal.
Article 217(1)(c) safeguards judicial independence by ensuring that High Court Judges are not removed due to political pressure or executive displeasure. Removal is intentionally made difficult and rare, preserving public confidence in the judiciary.