Who has the right to transfer any case anywhere in India?a)President b...
Supreme Court has the power to transfer any Case, appeal or other proceedings from High Court or other court in one State to a High Court or other civil court in any other State.
Who has the right to transfer any case anywhere in India?a)President b...
The correct answer is option 'B' - Supreme Court.
The power to transfer a case anywhere in India lies with the Supreme Court of India. This power is derived from Article 139A of the Indian Constitution and Section 25 of the Code of Civil Procedure (CPC).
Explanation:
1. Article 139A of the Indian Constitution:
- This article empowers the Supreme Court to transfer cases from one High Court to another or from one subordinate court to another within the territory of India.
- The objective behind this provision is to ensure fair and impartial trial, avoid multiplicity of proceedings, and expedite the disposal of cases.
2. Section 25 of the Code of Civil Procedure (CPC):
- This section provides the Supreme Court with the authority to transfer any case, appeal, or other proceedings from one High Court to another High Court or from a subordinate court to a High Court.
- The transfer can be made either on the application of a party or suo moto (on its own motion) by the Supreme Court.
- The Supreme Court exercises this power to prevent abuse of the process of court, promote the ends of justice, and to uphold the integrity of the judicial system.
3. Limitations on the power of transfer:
- The Supreme Court can exercise its power of transfer only when it is satisfied that an order for transfer is necessary for the ends of justice.
- The power of transfer is discretionary and is exercised sparingly, keeping in mind the facts and circumstances of each case.
- The Supreme Court must consider factors such as convenience of parties, witnesses, and interest of justice while deciding whether to transfer a case.
In conclusion, the Supreme Court of India has been vested with the power to transfer cases anywhere in India under Article 139A of the Indian Constitution and Section 25 of the Code of Civil Procedure. This power is exercised to ensure a fair and impartial trial, prevent abuse of the process of court, and expedite the disposal of cases.