Question

Who has the authority to transfer a Judge from one High Court to another?
A. Prime Minister
B. Chief Justice of India
C. President
D. Chief Minister

Answer 1

Hint: In India, there are 25 High Courts and Calcutta High Court is the first High Court of the country. The jurisdictions of High Court are – Original Jurisdiction, Power of Superintendence, Court of record and Appellate jurisdiction.

Complete Step by Step Answer: On the recommendation of the Law Commission, in 1858, the Parliament passed the Indian High Courts Act 1861 which suggested the establishment of High Courts in place of the Supreme Court in Calcutta, Madras and Bombay Presidencies. The reasons behind the implementation of this act were the need for a separate judiciary body for different states of the country. In order to establish a different judiciary body, the British Government decided to abolish the then-existing Supreme Court and Sadar Adalat, by replacing it with the High Court. The judges of the High Court are appointed by the President, as he is solely responsible for the appointment of any judge in a High Court. The President might consult the Governor of the State, the acting Chief Justice of India and Chief Justice of that particular state in matters relating to the appointment of judges. Now let us examine the options:
Option A – The Prime Minister of the country cannot transfer a judge from one High Court to another, because such provision is not backed by the Constitution. He can advise the President when any such recommendation is submitted by the Union Minister of Law, Justice and Company Affairs.
Option B – The Chief Justice cannot transfer judges from one High Court to another, instead, he can initiate a proposal for the transfer of a Judge. His opinion is determinative.
Option C – The President can indeed transfer a judge from one High court to another, as mentioned in Article 222 of the Indian Constitution.
Option D – The Chief Minister has no say in the appointment of judges nor the transfer of a judge from one High Court to any other High Court.

Thus, the correct answer is option (C).

Note: The President can only transfer a Judge from one High Court to another, only after consulting with the Chief Justice of India, as mentioned in Article 222 of the Constitution.