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Question
Discuss the norms governing the appointment and transfer of a Judge.
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Solution
Discretion of the Executive and that of the Chief Justice of India has been reduced in Appointments and Transfers of Judges: The President can transfer any Judge from one High Court to another. But it requires these conditions to be fulfilled. First, orders for transfer can be issued after consulting the Chief Justice of India. Second, the Chief Justice of India’s recommendation must be made in consultation with four senior most Judges of the Supreme Court. Third, the views of the Chief Justices of the High Courts—one from which the transfer is taking place and another to which the transfer is to be effected must also be obtained. Fourth, when a Judge has been transferred, he shall be entitled to compensatory allowance in addition to his salary.
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