Difficulty: Easy
Correct Answer: The President of India
Explanation:
Introduction / Context:
This question belongs to the area of Indian judiciary and constitutional provisions regarding High Court judges. It asks who holds the formal authority to transfer a judge from one High Court to another. Although the practical process involves consultation with senior judges, the Constitution itself clearly specifies which authority makes the final order. Understanding this distinction between constitutional authority and consultative procedures is important for examinations.
Given Data / Assumptions:
Concept / Approach:
Article 222 of the Constitution of India deals with the transfer of High Court judges. It states that the President may, after consultation with the Chief Justice of India, transfer a judge from one High Court to another. Thus, the constitutional authority that issues the order is the President. The Chief Justice of India plays a crucial advisory role, and in practice judicial collegium decisions have great weight, but the formal act of transfer is done in the name of the President. Therefore, when asked who is authorised, the correct answer remains the President of India.
Step-by-Step Solution:
Step 1: Identify that the subject matter is transfer of a High Court judge from one state to another under Article 222.
Step 2: Recall the constitutional wording that the President may transfer a judge from one High Court to another after consultation with the Chief Justice of India.
Step 3: Understand that consultation with the Chief Justice of India is mandatory, but consultation and formal authority are not the same thing.
Step 4: Evaluate each option by asking who actually issues the order of transfer in constitutional practice.
Step 5: The Chief Justice of India and the collegium give recommendations, yet the official transfer notification is always in the name of the President.
Step 6: The Law Minister of India may process files administratively, but has no constitutional authority to independently transfer judges.
Step 7: Conclude that the constitutionally authorised authority is the President of India.
Verification / Alternative check:
To verify, one can consult any standard Indian polity text that explains Articles 214 to 231 regarding High Courts. Under the heading Transfer of judges, the text will reproduce or summarise Article 222 and clearly mention that the President orders the transfer after consultation with the Chief Justice of India. Supreme Court judgments on judicial appointments and transfers, such as those known as the Judges cases, primarily interpret the consultation requirement and collegium process but still recognise that the formal order is issued by the President. This confirms that the correct answer among the given options is the President of India.
Why Other Options Are Wrong:
The Chief Justice of India: Plays an essential advisory role and leads the collegium but does not issue the transfer order as a constitutional authority.
A collegium of judges of the Supreme Court: Recommends transfers through internal judicial consultation, yet the Constitution does not assign final transfer powers to the collegium directly.
The Law Minister of India: Handles administrative processing but has no independent constitutional power to transfer High Court judges.
Common Pitfalls:
A common mistake is to confuse who advises with who actually decides in constitutional terms. Because debates about the collegium system receive a lot of attention, some learners think that the collegium as such has formal constitutional power. Others overemphasise the role of the Chief Justice of India and forget the requirement that the President must act. To avoid such errors, aspirants should repeatedly connect specific Articles with the precise authority mentioned in the constitutional text. This ensures that even when procedures evolve, the basic answer to such questions remains clear.
Final Answer:
Under Article 222 of the Constitution of India, a judge of one High Court can be transferred to another High Court by the President of India after consultation with the Chief Justice of India.
Discussion & Comments