The President of India has directed Justice J. Nisha Banu to imagine cost as a Decide of the Kerala Excessive Courtroom on or earlier than December 20, 2025, amid her not becoming a member of the Kerala Excessive Courtroom regardless of not taking over judicial work within the Madras Excessive Courtroom.
By a notification dated December 12, 2025, issued by the Division of Justice, Ministry of Legislation and Justice, the President of India, after session with the Chief Justice of India, reiterated Justice Banu’s switch to the Kerala Excessive Courtroom. The notification refers to the sooner order dated October 14, 2025, by which her switch was notified following the Supreme Courtroom Collegium’s suggestion of August 27, 2025, accepted by the Central Authorities on October 15, 2025. It learn, “The President, after session with the Chief Justice of India, is happy to direct Smt. Justice J. Nisha Banu, Decide, Madras Excessive Courtroom to imagine cost of her workplace within the Kerala Excessive Courtroom on or earlier than 20.12.2025 .”
Earlier, responding to Lok Sabha Unstarred Query No. 2273 tabled by Km. Sudha R. on December 12, 2025, Minister of State (Unbiased Cost) for Legislation and Justice, Arjun Ram Meghwal had acknowledged that suggestions for appointment of Excessive Courtroom judges are “obtained infrequently” from varied Excessive Courts, together with the Madras Excessive Courtroom, relying on vacancies.
The Minister defined that appointments are made below Articles 217 and 224 of the Structure, and the process is ruled by the Memorandum of Process (MoP) framed pursuant to the Supreme Courtroom’s judgments within the Second Judges Case (1993) and the Third Judges Case (1998). Quoting the Supreme Courtroom’s advisory opinion within the Third Judges Case, the reply famous that, in issues referring to Excessive Courtroom appointments, “the opinion of the Chief Justice of the Excessive Courtroom should be fashioned after ascertaining the views of at the very least the 2 seniormost Judges of the Excessive Courtroom.”
The MoP, the Minister stated, additional stipulates that earlier than forwarding suggestions, the Chief Justice of a Excessive Courtroom should seek the advice of two seniormost colleagues relating to the suitability of the proposed names.
On the difficulty of transfers, the reply referred to Article 222 of the Structure, below which the President could, after session with the Chief Justice of India, switch a choose from one Excessive Courtroom to a different. As per the MoP, proposals for switch are initiated by the Chief Justice of India in session with the 4 seniormost puisne judges of the Supreme Courtroom, and the opinion of the Chief Justice of India is determinative. Transfers, the Authorities emphasised, are made in public curiosity for selling higher administration of justice.
With particular reference to Justice Nisha Banu, the Authorities confirmed that her switch from the Madras Excessive Courtroom to the Kerala Excessive Courtroom was notified on October 14, 2025. The reply drew consideration to Article 217(1)(c) of the Structure, which gives that “the workplace of a Decide shall be vacated by his being transferred by the President to some other Excessive Courtroom inside the territory of India.”
Justice Banu, who was elevated to the Madras Excessive Courtroom on October 5, 2016, was the third seniormost choose there on the time of switch and turned the ninth seniormost choose within the Kerala Excessive Courtroom. She has not attended judicial work within the Madras Excessive Courtroom since October 14, 2025, however has additionally not but joined the Kerala Excessive Courtroom. Notably, the official web site of the Madras Excessive Courtroom continues to listing her amongst its 55 sitting judges.
She was advisable for switch by the Supreme Courtroom Collegium to the Kerala Excessive Courtroom in August, and the Centre had accepted the advice in October.
On November 9, 2025, the Madras Excessive Courtroom collegium advisable six District Judges for elevation. The Tamil Nadu Authorities returned the proposal, not disputing the candidates’ suitability, however looking for clarification on the non-inclusion of Justice Banu within the collegium whereas Justice M.S. Ramesh, the subsequent seniormost choose, was included.
The difficulty had additionally drawn consideration from the Bar. Final month, 50 attorneys of the Madras Excessive Courtroom wrote to the President of India alleging that Justice Banu was deliberately delaying her becoming a member of in Kerala to proceed as a part of the Madras Excessive Courtroom collegium.
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