Indian Polity • JudiciaryMedium
What is the constitutional provision regarding the transfer of a judge from one High Court to another?
A. The President can transfer a judge after consultation with the Chief Justice of India and the Governors of the respective states.
B. The Prime Minister transfers High Court judges based on the recommendation of the Law Commission.
C. The President may transfer a judge after consultation with the Chief Justice of India, whose recommendation in this regard is binding.✓ Correct Answer
D. The Parliament passes a resolution to approve the transfer of a High Court judge.
💡 Solution & Explanation
Under Article 222 of the Constitution, the President may transfer a judge from one High Court to another after consultation with the Chief Justice of India, whose recommendation is binding on the executive. The Supreme Court has repeatedly held that the Chief Justice of India must consult a collegium of senior-most judges before making transfer recommendations. Transferred judges are entitled to receive a compensatory allowance determined by Parliament.
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