Who has the right to transfer any case anywhere in India?

Correct option is A

The correct answer is (a) The Supreme Court

Under Article 139A of the Indian Constitution and Section 25 of the Code of Civil Procedure (CPC), the Supreme Court of India has the authority to transfer cases or appeals from one High Court or court to another court across the country if it serves the ends of justice.

Key Details:

Supreme Court's Authority:

• The Supreme Court can transfer any civil, criminal, or constitutional case from one court to another anywhere in India.
• The transfer is usually done to ensure a fair trial, convenience of parties, or avoidance of bias.

Criteria for Transfer:

• The Supreme Court can transfer cases for reasons like:
  • A likelihood of bias in a specific jurisdiction.
  • Ensuring a fair and impartial trial.
  • Avoiding conflicting judgments from different High Courts.
  • Convenience of parties or witnesses.

Role of High Courts:

• High Courts have the power to transfer cases within their respective states but not across state boundaries.

Additional Information:

High Court's Powers to Transfer Cases:

• Within the State:
  • Section 24 of the CPC: The High Court can transfer civil cases from one subordinate court to another within its territorial jurisdiction.
  • Section 407 of the CrPC: High Courts can transfer criminal cases between subordinate courts within their jurisdiction.
• Grounds for Transfer:
  • To ensure a fair and impartial trial.
  • For the convenience of witnesses or parties.
  • To address jurisdictional issues within the state.

Judicial Principles:

• The principle of "justice must not only be done but must also be seen to be done" underpins the court's power to transfer cases.
• Transfers are not granted lightly and require substantial proof of bias, hardship, or inconvenience.