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Who can direct to transfer any civil or criminal case from one State High Court to anocher State High Court or from a Court subordinate to another Sta
Question

Who can direct to transfer any civil or criminal case from one State High Court to anocher State High Court or from a Court subordinate to another State High Court in India?

A.

Chief justice of High Court

B.

Governor of state

C.

Law commission of India

D.

Supreme Court

Correct option is D

The correct answer is: (D) Supreme Court

  • Under Article 139A of the Indian Constitution, the Supreme Court has the authority to transfer any civil or criminal case from
  • one State High Court to another State High Court or from a court subordinate to one State High Court to a court subordinate to another State High Court.
  • This power is exercised to ensure justice is served, particularly when there are concerns related to fairness, impartiality, or the convenience of parties involved in the case.

Information booster:

  • Chief justice of High Court: The Chief Justice of a High Court does not have the authority to transfer cases between High Courts. This power lies with the Supreme Court, which is the highest judicial authority in India.
  •  Governor of state: The Governor has no judicial authority to transfer cases between High Courts or subordinate courts. The Governor's role is more administrative and executive, while judicial matters are handled by the courts.
  • Law Commission of India: The Law Commission of India is a body constituted to recommend reforms in the law.
  • However, it does not have the power to transfer cases between courts. Judicial decisions related to case transfers fall under the jurisdiction of the Supreme Court.

Key Points:

  • The Supreme Court has the authority to transfer civil or criminal cases between High Courts or from courts subordinate to one High Court to another.
  • The power is vested in the Supreme Court under Article 139A of the Constitution of India.

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