Indian Polity • JudiciaryHard
Examine the legal parameters governing the transfer of a judge from the High Court of Chhattisgarh to another high court under Article 222 of the Constitution:
A. The President may transfer a judge after consultation with the Chief Justice of India, and such transfers historically attracted scrutiny regarding judicial independence and collegium consensus.✓ Correct Answer
B. The Governor of Chhattisgarh can unilaterally transfer high court judges based on administrative exigencies within the state.
C. High court judges can be transferred only upon a petition filed by two-thirds of the members of the state legislative assembly.
D. Article 222 explicitly prohibits the transfer of any sitting judge once appointed to a state high court.
💡 Solution & Explanation
Article 222 empowers the President to transfer a judge from one high court to another after consulting the Chief Justice of India, a process that judicial precedent has tied to the mandatory concurrence of the collegium to prevent arbitrary executive transfers. Executive dominance in transfers was curtailed by landmark Supreme Court judgments on judicial appointments. Maintaining transparency in transfers ensures public confidence in judicial integrity.
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