Railway
The power to transfer civil or criminal cases from one High Court to another is vested in the:
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Answer: Option D — Supreme Court
Detailed Solution
Under Article 139A(2), the Supreme Court may, if it considers it expedient for the ends of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court.
Article 139A:
It was inserted by the 42nd Amendment Act, 1976.
Clause (1) allows the Supreme Court to withdraw to itself cases involving the same or substantially the same questions of law pending before it and one or more High Courts, or before two or more High Courts, if the questions are of general importance.
Clause (2) allows it to transfer cases from one High Court to another.
Transfer under the procedural codes:
- The Code of Civil Procedure and the Code of Criminal Procedure (now the Bharatiya Nagarik Suraksha Sanhita) also allow the Supreme Court to transfer cases from one state to another.
- A party can file a transfer petition before the Supreme Court.
Grounds for transfer:
- To ensure a fair trial when there is a reasonable apprehension that justice will not be done in a particular state.
- For the convenience of parties and witnesses.
- To avoid conflicting decisions on the same issue.
Examples:
- Matrimonial cases are often transferred at the request of wives, so that they can contest the case near their homes.
- High-profile criminal cases have been transferred to other states to ensure a fair trial, such as some cases related to communal violence.
Transfer within a state:
Within a state, the High Court can transfer cases from one lower court to another under the procedural codes.
Transfer of judges:
- Judges of High Courts can be transferred from one High Court to another under a separate provision, Article 222.
- This is different from the transfer of cases.
Importance:
The power helps ensure that justice is done impartially and that litigants are not harassed.
Why not the other options?
- ✗The President, the Chief Justice of a High Court and the Law Ministry do not have power to transfer cases between High Courts.
Quick tip
Remember: Transfer of cases between High Courts = Supreme Court (Article 139A(2), added by the 42nd Amendment).
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Judiciary — Preparation
This question tests your understanding of Judiciary, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.
This topic covers the Indian judiciary: the Supreme Court, High Courts and subordinate courts, the appointment and removal of judges, the collegium system, original, appellate and advisory jurisdiction, judicial review, public interest litigation, and bodies such as Lok Adalats and tribunals. Exams test the article that establishes the Supreme Court (Article 124), its advisory jurisdiction (Article 143), the power of High Courts to issue writs (Article 226), and the process for removing judges. Landmark judgments and the first holders of key judicial posts are also common, especially in law entrance exams such as CLAT and MAH LAW CET. Practise the judiciary questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.