Judiciary

Choose the Correct Answer

Correct Answer : Option a

Explanation
The President can transfer a judge from one high court to another after consulting the Chief Justice of India. In 1977, the Supreme Court ruled that the transfer of high court judges could be resorted to only as an exceptional measure and only in public interest and not by way of punishment. Again in 1994, the Supreme Court held that judicial review is necessary to check arbitrariness in transfer of judges.

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.

The Governor plays no role in the transfer process. The Governor's involvement is typically limited to the appointment of judges to a High Court, based on the recommendations of the President, which are in turn based on the collegium system.