Q. With reference to transfer of High Court judges, which of the following statements is/are correct?
1. The President, only after consultation with Governor of the respective states, can transfer a judge of one High court to another in public interest.
2. The transfer of judges is not subject to judicial review and hence cannot be challenged in court.
Select the correct answer using the code given below:
Exp) Option d is the correct answer.
Statement 1 is incorrect. The President can transfer a judge from one high court to another after consulting the Chief Justice of India. On transfer, he is entitled to receive in addition to his salary such compensatory allowance as may be determined by Parliament.
Statement 2 is incorrect. The transfer of judges is subject to judicial review and hence can be challenged in court. In 1977, the Supreme Court ruled that the transfer of high court judges could be resorted to only as an exceptional measure and only in public interest and not by way of punishment. Again in 1994, the Supreme Court held that judicial review is necessary to check arbitrariness in transfer of judges. But only the judge who is transferred can challenge it.
