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In the context of the transfer of a High Court judge, consider the following statements:
1. The President can transfer a judge from High Court to another after consulting the Chief Justice of the concerned High 
Court.
2. The transfer of judges is out of the purview of Judicial Review.
3. In matters of transfer of High Court judge, consent of the concerned judge is not required.
Which of the statements given above is/are correct?
  • a)
    3 only
  • b)
    1 and 2 only
  • c)
    2 only
  • d)
    1, 2 and 3
Correct answer is option 'A'. Can you explain this answer?
Verified Answer
In the context of the transfer of a High Court judge, consider the fol...
  • Article 222 of the Constitution provides for the transfer of a judge from one High Court to another.
  • The President can transfer a judge from one high court to another after consulting the Chief Justice of India. In this process, Collegium recommends the transfer of Chief Justices and other judges.
  • In matters of transfers, the opinion of the CJI is determinative‖, and the consent of the judge concerned is not required.
  • In the Third Judges case (1998), the Supreme Court opined that in case of the transfer of high court judges, the Chief Justice of India should consult, in addition to the collegium of four senior-most judges of the Supreme Court, the chief justice of the two high courts (one from which the judge is being transferred and the other receiving him).
  • Thus, the sole opinion of the chief justice of India does not constitute the 'consultation‘ process.
  • However, the CJI should take into account the views of the CJ of the High Court concerned and the views of one or more SC judges who are in a position to do so. All transfers must be made in the public interest, that is, for the betterment of the administration of justice‖.
  • In 1994, the Supreme Court held that judicial review is necessary to check arbitrariness in the transfer of judges. But, only the judge who is transferred can challenge it.
  • Hence, statements 1 and 2 are not correct and 3 is correct.
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In the context of the transfer of a High Court judge, consider the following statements:1. The President can transfer a judge from High Court to another after consulting the Chief Justice of the concerned HighCourt.2. The transfer of judges is out of the purview of Judicial Review.3. In matters of transfer of High Court judge, consent of the concerned judge is not required.Which of the statements given above is/arecorrect?a)3 onlyb)1 and 2 onlyc)2 onlyd)1, 2 and 3Correct answer is option 'A'. Can you explain this answer?
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