Question map
Not attempted Correct Incorrect ★ Bookmarked
Loading…
Q45 (CDS-I/2004) Polity & Governance › Judiciary › High Court judges Answer Verified

Who is authorised to transfer the judge of one High Court to another High Court?

Result
Your answer: —  Â·  Correct: A
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. [1] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 34: High Court > TENURE, REMOVAL AND TRANSFER > p. 355
  2. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 34: High Court > TENURE, REMOVAL AND TRANSFER > p. 356
  3. [3] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 34: High Court > TENURE, REMOVAL AND TRANSFER > p. 356
  4. [4] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 34: High Court > TENURE, REMOVAL AND TRANSFER > p. 355
  5. [5] https://doj.gov.in/memorandum-of-procedure-of-appointment-of-high-court-judges/
How others answered
Each bar shows the % of students who chose that option. Green bar = correct answer, blue outline = your choice.
Community Performance
Out of everyone who attempted this question.
55%
got it right
✓ Thank you! We'll review this.

SIMILAR QUESTIONS

IAS · 1996 · Q50 Relevance score: 1.47

When the Chief Justice of a High Court acts in an administrative capacity, he is subject to

CAPF · 2018 · Q71 Relevance score: 1.31

Which one of the following judgements is associated with the primacy of the Chief Justice of India and the Collegium of Judges in the appointment and transfer of the higher judiciary?

CDS-II · 2013 · Q105 Relevance score: 1.00

The Judge of the High Courts in India is administered oath of office by :

IAS · 2013 · Q27 Relevance score: 0.59

Which one of the following statements is correct?

CAPF · 2022 · Q100 Relevance score: -0.33

Which one of the following is correct in respect of the appointment of District Judges?