The President of India has formally directed Justice J. Nisha Banu, a sitting judge of the Madras High Court, to assume charge at the Kerala High Court on or before December 20, 2025, following her transfer to that court earlier this year.
The directive, issued on December 12, 2025, comes nearly two months after the Government of India notified her transfer from the Madras High Court to the Kerala High Court on October 14, 2025.
Background to the Transfer
Justice Nisha Banu’s transfer is part of the judicial postings recommended by the Supreme Court Collegium, which periodically suggests transfers and elevations of high court judges across India to ensure judicial administration, experience sharing, and balance among high courts. The central government accepted the collegium’s recommendation in mid-October.
Typically, once a transfer notification is issued, a judge is expected to assume charge at the new court within a reasonable period. However, in this case, Justice Banu did not immediately report to the Kerala High Court, and reports indicate that she also stopped attending judicial work at the Madras High Court after the transfer was notified.
Reasons for Delay and Controversy
Several media reports suggest that Justice Banu had applied for leave from the Madras High Court — reportedly in connection with personal reasons including her son’s marriage — and had sought reconsideration of the transfer, though there is no indication that this request influenced the official order.
The delay in assuming her new post has drawn criticism from parts of the legal community. Lawyers at the Madras High Court have reportedly expressed concern that the judge’s continued absence from Kerala and the delay in joining may amount to judicial indiscipline and disrupt the collegium’s composition. Some lawyers even wrote to the CJI highlighting these issues.
Political and Parliamentary Attention
The matter has also reached the Lok Sabha, where questions have been raised about the implications of the delay for judicial appointments and collegium functioning. MPs sought clarification from the Union Law Ministry on whether Justice Banu continues to be part of the Madras High Court collegium and whether she had signed any appointment lists, and also whether her transfer reconsideration request was formally received.
Constitutional Context
Under Article 217 of the Constitution of India, the President may transfer a high court judge to another high court after consulting the CJI, and the judge is generally required to vacate the former office upon transfer.
The incident highlights ongoing tensions between administrative expectations and personal circumstances in judicial postings, raising broader questions about how transfers are implemented in practice and how delays are addressed by constitutional authorities.