I regret also Sir, in this connection that provision should have been made in the Constitution for the transfer of the Judges of the High Courts from one High Court to another. In some cases, these cases may be penal transfers. For instance, if a High Court Judge from Bombay is transferred to Assam, he would sooner prefer Port Blair. He would never like the transfer from Bombay to Assam, or even a transfer from U.P. to Assam. He would consider it a sentence of transportation for life for almost an uncertain period. What he would do is that he would try to please the Governor or oblige the President in a way that would prevent his transfer to a penal province like Assam or Orissa. There would also be Judges in Assam or Orissa who would be very glad to pay anything if they can secure a transfer from Assam or Orissa to the U.P. or Bombay. Now this method of patronage has been given in this Constitution to the President and the Governor. This is a new patronage, a new avenue of patronage, a new method by which even the High Court judges could be brought and by this way transferred. The old Constitution did not allow such a transfer. The new Constitution in allowing this transfer is, in my opinion, making a formidable mistake and it should be our duty to correct that mistake as early as possible. (At this stage the President’s bell began to ring.)
