 Article 214 provide that there shall be a high court in each state

Consist: Chief justice of india

However constitution does not fix any maximum number of judges in
high court.

 Prior to 99th constitutional amendment of constitution-Article 217

provided that every judge appoint by president.

 In SP gupta case popularly known as judges transfer case the

question was whether in appointing the additional judges of high
court the president was bound by the advice of cji .under article 217
the president was obliged to consult the three functionary . Chief
justice of india, chief justice of high court and governor of the state

Majority held: Meaning of term consultation does not mean

concurrence and the president is not bound by it.

 In SCORA V.UOI: A nine judge bench of the supreme court by a 7:2

majority overruled the judge transfer case and held – in matter of
appointment and transfer of judges, greatest significant should be
attached to the view of chief justice of india. The majority give
primacy to consultation of chief justice of india formed in
consultation with two senior most judge of supreme court.

 However in 1998 again a doubt had arisen about the interpretation

of the law laid down by the supreme court and due to this doubt a
piquant situation was created regarding the exercise of CJI primacy
and appointment of judges.in presidential reference president sought
the court opinion on a nine question of law relating to appointment
and transfer of judges.

In re presidential reference known as ‘Appointment and transfer of

judges case. A nine judge bench of supreme court unanimously held
that recommendation made by CJI on the appointment of judges of
the supreme court and high court . the court widened the scope of
CJI consultation and held that the consultation process to be adopted
 TRANSFER OF JUDGES FROM ONE HIGH COURT TO ANOTHER
POSITION AFTER 99TH CONSTITUTIONAL AMENDMENT
 Article 222(1) empowered the president after consultation with the
chief justice of india to transfer a judge from one high court to
another

 In Union of india v. sankalchand sheth. The constitutionality of a

notification issued by president by which justice sankalchand seth of
Gujrat high court was transferred to the high court of Andhra
Pradesh , was challenged on the ground that the order was passed
without consent of judges and against public interest and without
effective consultation of CJI.