Part VII · The Judicature · The High Courts
Transfer of High Court Judges
Article 200
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English · authoritative
The President may transfer a Judge of a High Court from one High Court to another High Court on the recommendation of and on such terms and conditions as may be determined by the Judicial Commission of Pakistan as mentioned in clause (2) of Article 175A:
Provided that the Chief Justices of both High Courts shall also be members of the Judicial Commission of Pakistan for the purposes of this clause:
Provided further that the Judicial Commission of Pakistan before making recommendation under this clause may hear the Judge.
Explanation.—In this Article, “Judge” does not include a Chief Justice but includes a Judge for the time being acting as Chief Justice of a High Court other than a Judge of the Supreme Court acting as such in pursuance of a request made under paragraph (b) of Article 196.
The seniority of a Judge of a High Court transferred under clause (1) shall be reckoned from the date of his initial appointment as a Judge of the High Court:
Provided that no Judge shall be transferred to a High Court where on transfer he becomes senior to the Chief Justice of such High Court.
Where a Judge is so transferred, he shall be entitled to such additional allowances and privileges, in addition to his salary and allowances, as the President may, by Order, determine.
A Judge of a High Court who does not accept a transfer under this Article shall be proceeded against under Article 209 within a period of thirty days. Such Judge shall not perform his functions till such time the Counc il under Article 209 renders its decision.]
Urdu · official translation (2018)