Question map
Who is authorised to transfer the judge of one High Court to another High Court?
Explanation
According to Article 222 of the Constitution of India, the President is the authorized authority to transfer a judge from one High Court to any other High Court [t1][t2]. This power is exercised after consultation with the Chief Justice of India (CJI) [c1][c4]. While the President is the formal authority, judicial interpretations in the 'Three Judges Cases' have refined this process. Specifically, the Second and Third Judges Cases established that the CJI's opinion, formed in consultation with a collegium of four senior-most judges of the Supreme Court, is determinative and binding on the executive [c2][t2]. The CJI must also consult the Chief Justices of both the transferring and receiving High Courts [c2][c3]. Despite the procedural requirement of the Collegium's recommendation, the formal order of transfer is issued by the President [t4][t6].
Sources
- [1] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 34: High Court > TENURE, REMOVAL AND TRANSFER > p. 355
- [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 34: High Court > TENURE, REMOVAL AND TRANSFER > p. 356
- [3] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 34: High Court > TENURE, REMOVAL AND TRANSFER > p. 356
- [4] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 34: High Court > TENURE, REMOVAL AND TRANSFER > p. 355
- [5] https://doj.gov.in/memorandum-of-procedure-of-appointment-of-high-court-judges/