Difficulty: Easy
Correct Answer: The President of India.
Explanation:
Introduction / Context:
The independence and proper functioning of the judiciary require clear constitutional rules regarding appointment, tenure and transfer of judges. In India, High Court judges may be transferred from one High Court to another. This question asks which authority is empowered by the Constitution to order such transfers. Knowing the formal role of the President and the advisory role of the Chief Justice of India is essential for understanding the judicial system and answering related polity questions.
Given Data / Assumptions:
Concept / Approach:
Under the Constitution, the President of India is the formal appointing authority for judges of the Supreme Court and High Courts and also for their transfers. However, in practice the President acts on the recommendation of the collegium of judges, and the Chief Justice of India plays a crucial advisory role. Still, the formal order is issued in the name of the President. The Prime Minister and other judges of the Supreme Court cannot by themselves issue such transfer orders. Therefore, the correct approach is to recognize that the President is the constitutional authority empowered to transfer High Court judges.
Step-by-Step Solution:
Step 1: Recall that judges of the High Courts are appointed by the President of India.
Step 2: The same constitutional authority, the President, orders their transfer from one High Court to another.
Step 3: Although the Chief Justice of India is consulted and gives recommendations, he or she does not issue the transfer order in a personal capacity.
Step 4: Examine option C, which names the President of India, and recognise that this matches the constitutional position.
Step 5: Option A, the Chief Justice of India, is an important adviser but not the formal authority issuing transfer orders.
Step 6: Option B, the Prime Minister, may advise the President on many matters but does not have individual authority to transfer judges.
Step 7: Option D, any of the Judges of the Supreme Court, clearly has no such power.
Step 8: Therefore, the correct answer is the President of India.
Verification / Alternative check:
To verify, you can recall that all formal appointments, resignations and transfers of judges are published as notifications issued by the Government of India in the name of the President. These notifications explicitly state that the President is pleased to transfer a certain judge from one High Court to another. This pattern, along with constitutional provisions and judicial pronouncements on the collegium system, confirms that the President is the final authority whose order brings the transfer into effect. The involvement of the Chief Justice of India occurs at the recommendation stage, not at the formal order stage.
Why Other Options Are Wrong:
Option A: The Chief Justice of India provides advice and recommendations, but the actual transfer is ordered by the President and not by the Chief Justice acting alone.
Option B: The Prime Minister is part of the political executive and does not directly order judicial transfers; the President acts formally on constitutional advice.
Option D: No individual Supreme Court judge other than the Chief Justice, and certainly not any judge acting alone, has authority to order transfers.
Common Pitfalls:
Students often confuse who recommends a decision with who formally takes it. Because news reports frequently mention the Chief Justice of India in connection with judicial appointments and transfers, some candidates mistakenly believe that the Chief Justice is the direct appointing or transferring authority. In constitutional terms, however, the President remains the appointing and transferring authority, acting on appropriate advice and recommendations. Keeping this distinction between advice and formal action clear in your mind will help you answer many judiciary related polity questions correctly.
Final Answer:
The President of India.
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