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Who has the authority to transfer judges of the High Courts in India?
Question

Who has the authority to transfer judges of the High Courts in India?

A.

President of India

B.

Parliament of India

C.

Chief Justice of India acting on behalf of the Supreme Court

D.

Chief Minister of the State

Correct option is A


The correct answer is (A) President of India
Explanation:
· Under Article 222 of the Constitution of India, the President of India holds the authority to transfer judges from one High Court to another.
· However, this is done in consultation with the Chief Justice of India (CJI).
· The decision is based on recommendations made by the Supreme Court Collegium, which ensures fairness and independence.
· Transfers are often made to:
✔ Improve judicial efficiency
✔ Prevent local influence
✔ Maintain impartiality
✔ Fill vacancies across High Courts
Information Booster (Must Know for Polity):
· High Court Judges are appointed under Article 217.
· They can be transferred only after full consultation with the CJI.
· The CJI must consider the views of:
✔ One or more Supreme Court judges
✔ The Chief Justices of the concerned High Courts
Additional Knowledge (Expanded With Headings):
1. Why Transfers Occur
· To ensure judicial independence
· To avoid conflict of interest
· To strengthen weaker High Courts
2. Supreme Court Judgments on Transfers
· S.P. Gupta Case (1981) – Consultation means just that, not concurrence
· Second Judges Case (1993) – CJI’s recommendation becomes binding
· Collegium System established
3. Who CANNOT Transfer Judges
· Parliament has no role
· State Governments or Chief Ministers have no authority
· High Court judges cannot self-transfer
4. Transfer vs. Promotion
· Transfer ≠ Promotion
· Promotion occurs when a High Court judge becomes a Chief Justice or a Supreme Court judge

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