SUPREME COURT COLLEGIUM ADOPTS POLICY OF ADVANCE TRANSFER FOR CHIEF JUSTICE DESIGNATES TO ENHANCE ADMINISTRATIVE CONTINUITY AND JUDICIAL EFFICIENCY

 

INTRODUCTION

The Supreme Court Collegium recently put in place a new policy to make the High Courts in India more efficient and stable in their administration. This policy allows judges who are chosen to be Chief Justices of High Courts to be moved to those High Courts around 2 months prior to the position becoming available. The main reason behind this initiative is to ensure that the Chief Justice designates are aware of the way the High Court works, the way it is set up, and the number of cases that are still open before they officially become the Chief Justice. This step shows that the judiciary is still working to make institutions more efficient and ensure that changes in judicial leadership go smoothly.

BACKGROUND

The appointment and transfer of Chief Justices of High Courts in India is done by the collegium system. Under this system, the Supreme Court Collegium makes recommendations for judicial appointments and transfers. In the past, a judge who was named Chief Justice of a High Court would start working right away after the current Chief Justice retired or was promoted. But this process sometimes led to administrative problems because the new Chief Justice would start working without knowing about the specific problems that the High Court faced in terms of administration and the law.

The Supreme Court Collegium discussed as to how the functioning of the High Courts can be improved. It was understood that better preparation of institutions and a smooth transition of leadership could be achieved. The Collegium adopted this policy at a meeting on February 26, 2026, allowing the appointment of judges who are under consideration for the post of Chief Justice to the appropriate seniority High Courts before the post opens up. It is part of a larger scheme to ensure that, prior to assuming office, the new Chief Justice should know the Circuit’s way of functioning.  

KEY POINTS

• The Supreme Court Collegium made a policy decision at its meeting on February 26, 2026, to improve the quality and efficiency of the administration of justice. The Collegium decided that judges who are nominated to be the Chief Justice of a High Court may be moved ahead of time, ideally about two months before the position becomes available.

1. The policy is meant to make sure that the new Chief Justice learns how the High Court works in both the judicial and administrative senses before officially taking over. The judge can learn more about the office’s institutional framework, pending cases, and administrative duties by spending time in the High Court before the vacancy occurs.
2. The Chief Justice is in charge of the administrative duties of the High Court. This includes assigning judicial work, forming benches, overseeing administrative tasks, and making sure that the High Court registry works well. The Collegium’s choice shows that these duties need a good understanding of the institution and careful planning. The early transfer of Chief Justice designates is meant to improve the overall quality of the judicial system.
3. As part of the same meeting, the Collegium recommended the appointment of Justice Sushrut Arvind Dharmadhikari, currently a judge of the Kerala High Court with parent High Court at Madhya Pradesh, as the Chief Justice of the Madras High Court. This recommendation arises in anticipation of the retirement of the incumbent Chief Justice of the Madras High Court on 5 March 2026.
4. Following the newly adopted policy, the Collegium also resolved to recommend the transfer of Justice Lisa Gill, presently a judge of the Punjab and Haryana High Court, to the Andhra Pradesh High Court. She is proposed to be appointed as the Chief Justice of the Andhra Pradesh High Court with effect from the date the vacancy in that office arises.

RECENT DEVELOPMENTS

Not only has the Supreme Court Collegium formally announced the new advance transfer policy for Chief Justice designates but it has also recommended specific transfers as per the said policy, viz. the transfer of Justice Lisa Gill to the Andhra Pradesh High Court in view of her future appointment as Chief Justice; and the appointment of Justice Sushrut Arvind Dharmadhikari as the Chief Justice of the Madras High Court.

CONCLUSION

The Supreme Court Collegium’s decision to institute an advance transfer policy for Chief Justice designates is an important step towards improving the institutional efficiency of the Indian judiciary. This is because it allows new Chief Justices to get familiarized with the working and structure of the High Courts before they take over, which will go a long way in ensuring that there is no disruption in the functioning of the judiciary. In a legal system, effective leadership is paramount, and therefore, it is important to improve the working of the judiciary so that justice is delivered effectively. This is, therefore, an important step towards improving institutional efficiency, which is quite important for the working of justice administration.

 

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WRITTEN BY: KISLAY RAJ