Can Judge of a High Court be transferred to another high court?

Can Judge of a High Court be transferred to another high court?

In the collegium era, the proposal for transferring a High Court judge, including a Chief Justice, should be initiated by the Chief Justice of India, “whose opinion in this regard is determinative”. The consent of the judge is not required.

Who transfer judges from one High Court to another?

the Chief Justice of India
The Article reads that; “The President may, after consultation with the Chief Justice of India, transfer a Judge from one High Court to any other High Court.” Art.

How can a Judge in a high court removed?

The President of India can remove a Judge of the High Court, from his office only if each house of the parliament passes a resolution by a two third majority of its members present and voting in each house requesting him to remove the judge.

What is the Article 217?

Overview of Article 217 (1): Appointment and conditions of the office of a Judge of a High Court: (c) the office of a Judge shall be vacated by his being appointed by the President to be a Judge of the Supreme Court or by his being transferred by the President to any other High Court within the territory of India.

Do judges get transferred?

Article 222 of the Constitution makes provision for the transfer of a Judge (including Chief Justice) from one High Court to any other High Court. The initiation of the proposal for the transfer of a Judge should be made by the Chief Justice of India whose opinion in this regard is determinative.

How is the process of appointment of judges of High Court?

The proposal for appointment of a Judge of a High Court shall be initiated by the Chief Justice of the High Court. However, if the Chief Minister desires to recommend the name of any person he should forward the same to the Chief Justice for his consideration.

Can a Judge be transferred?

On what grounds can a judge be removed?

A Judge of the Supreme Court cannot be removed from office except by an order of the President passed after an address in each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of members present and voting, and presented to the President in …

What is the age of retirement of High Court judges?

The retirement age for high court judges is 62, while it is 65 for Supreme Court judges.

Who decides the strength of High Court?

The Parliament has the power to choose the quantity of Judges in the Supreme Court. Initially, the Constitution accommodated 7 appointed judges and one Chief Justice, the Parliament has expanded the quality of judges to 30 adjudicators and one Chief Justice (2008) as it is at present.

Who appoints the Judge of the High Court?

the President
11. The Chief Justice and Judges of the High Courts are to be appointed by the President under clause (1) of Article 217 of the Constitution.

What is power of High Court to transfer cases and appeals?

C 1973- Power of High Court to transfer cases and appeals. The high court is also vested with the similar authorities to transfer a case from one court of its sub ordinance to another court of its sub ordinance or the high court may even the try the case by itself.

What is power of sessions judge to transfer cases?

Cr.P.C – Power of Sessions Judge to transfer cases and appeals. In sub ordinance to the High court the session court also have vested authority to transfer one from one court to another under his jurisdiction within his session division. This order may be made b y the court for better delivery of justice and settle the sentiment of the victim.

Can a case be transferred from one High Court to another?

The application to transfer such case from one High court to another high court would be moved by any person who is under apprehension of any unfair action or he may not find proper justice for him or Attorney General of India. The provision made under section 406 of Cr. P. C majorly relies upon the discretion of the Supreme Court.

What are the functions of High Court?

High Courts entertain the cases related to civil or criminal. It can try cases of lower courts, if proved incapable of exercising their power as per authorization extended by law. 1. Whenever it appears to the High Court that: particular case or appeal transferred to and tried before itself. 2.