New Delhi: The President of India has formally directed Justice J. Nisha Banu, a senior judge of the Madras High Court, assumed charge at the Kerala High Court on or before December 20, 2025, following a transfer order notified by the Centre in mid-October.
The order comes amid mounting controversy surrounding Justice Banu’s delayed compliance with the transfer notification—triggering objections from bar associations, legal professionals, and parliamentary scrutiny.
The directive, issued on December 12, 2025, underscores an escalating institutional focus on enforcing judicial transfer orders and maintaining procedural discipline within the judiciary.
Background of Justice Nisha Banu Kerala High Court transfer
Justice Nisha Banu’s transfer was first recommended by the Supreme Court Collegium on August 27, 2025, as part of a broader reshuffle of high court judges across India, including 14 transfers aimed at administrative balance.
Subsequently, on October 14, 2025, the Central Government officially notified her transfer from the Madras High Court to the Kerala High Court under the constitutional provisions governing judicial appointments and transfers. However, nearly two months later, Justice Banu had not reported for duty in Kerala, raising questions within legal and administrative circles.
At the time of the transfer, Justice Banu was the third senior most judge in the Madras High Court and the senior most woman judge on that bench.
Under the seniority list in the Kerala High Court, she would rank ninth—an adjustment to her institutional position that has been cited in debates about the transfer’s impact on her career trajectory.
Justice Nisha Banu Kerala High Court transfer: Reasons Cited by Justice Banu
In response to media inquiries, Justice Banu reportedly stated that she had applied for earned leave at the Madras High Court due to her son’s marriage around the time the transfer order was issued.
Additionally, she said she had requested reconsideration of the transfer, a procedural step that, while permissible to communicate, does not legally stay or invalidate a transfer direction.
Parliamentary Questions and Government Response on Justice Nisha Banu Kerala High Court Transfer
The issue entered the political domain when Congress Member of Parliament Km Sudha R raised questions regarding Justice Banu’s delayed assumption of the Kerala High Court posting during proceedings in the Lok Sabha.
Key points raised included:
- Whether Justice Banu remained part of the Madras High Court collegium despite the transfer.
- Whether she had participated in any judicial collegium recommendations since the transfer notification.
- Whether she formally sought reconsideration of the transfer order.
In reply, Law Minister Arjun Ram Meghwal framed his response within constitutional provisions and procedures.
He reiterated that under Article 217 of the Constitution, a judge vacates their current office when transferred to another high court and that transfer notifications are issued pursuant to consultations between the President and the Chief Justice of India.
However, he did not directly address the specific queries about Justice Banu’s involvement in collegium decisions after the transfer or the status of her reconsideration request.
Legal Framework Governing Transfers
Judicial transfers in India are governed by Article 222 of the Constitution, which empowers the President to transfer a judge after consultation with the Chief Justice of India.
The detailed procedural guidelines are outlined in the Memorandum of Procedure (MoP), developed following landmark Supreme Court judgments (including the Second and Third Judges cases) clarifying the collegium’s role in appointments and transfers.
Under the MoP, transfer proposals are initiated within the collegium (including the Chief Justice of India and senior Supreme Court judges), incorporating views of the principal high courts involved.
While personal factors like a judge’s preferences may be considered, the final decision prioritizes administrative efficiency and the broader public interest in judicial functioning.
About Justice J. Nisha Banu
Justice J. Nisha Banu is a senior judge of the Madras High Court and one of its most experienced women jurists. Appointed as a High Court judge in 2014, she has handled a wide range of cases spanning constitutional, civil, and service law. She is known for her administrative roles within the judiciary and has been part of key judicial and collegium-related responsibilities.
