The full-fledged High Court of Judicature for
the Jammu and Kashmir State was established in the year 1928. Prior to the establishment
of High Court of Judicature. The Ruler of the State (Maharaja) was the final authority in
the administration of justice. In the year 1889, the British Government asked the then
Ruler of the State, Maharaja Partap Singh to appoint a Council and the Judicial member of
the Council exercised all the appellate powers both on civil and criminal side. The State
having two provinces – Jammu and Kashmir, had chief judges exercising judicial
authority but they acted under the superintendence and control of the Law member of
the Council. Later the Council was abolished and a Minister designated as
Judge of the High Court was appointed by the Ruler to decide judicial
cases. In 1927 a new Constitution was sanctioned by the then Ruler of the State and
instead of Law Member, a Ministry in the Judicial Department was created. Thereafter, in 1928, by virtue of Order No. 1 dated
26.3.1928, the High Court of Judicature was established and for the first time the
High Court was to consist of The Chief Justice and two Judges. On 26.3.1928, the
Maharaja appointed Lala Kanwar Sein as the First Chief Justice of the Court and Rai
Bahadur Lala Bodh Raj Sawhney and Khan Sahib Aga Syed Hussain as Puisne Judges. The usual
places of sitting of the High Court uses to be Jammu and Srinagar. In
1939 the Ruler promulgated the Constitution Act of 1996 which incorporated the provisions
of law relating to the High Court and conferred upon the High Court a substantial
measure of Independence. The High Court was invested with powers of superintendence and
control over the Courts / District judiciary. The
1996 (1939 A.D.) Act also constituted a 3 members Board of Judicial Advisers akin to the
Privy Council in British India. The Board was to advise the Ruler in the disposal of
the civil and criminal appeals against the decisions of the High Court. The
Board of Judicial Advisers at the time of its abolition by the Constitution Act 1956 had
17 appeals pending before it. On request of the Chief Justice, the Government of India in
consultation with the Chief Justice of India, constituted a Special Bench of the Supreme
Court of India consisting of Justice Mehar Chand Mahajan, chief Justice of India, Justice
S.R.Das and Justice Ghulam Hassan for disposing off the pending 17 appeals. The Bench
heard the appeals in Srinagar and upheld the judgement of the High court in all the 17
appeals. It was a historical event, when a Bench of Supreme Court held sitting outside the
place of seat at Delhi till date this is the sole instance. On 10.9.1943, Letters Patent
was conferred on the High Court. In
1954 vide Constitution Application Order of 1954, the jurisdiction of the Supreme Court
was extended to the State of J&K. Under Art.32(2-A) of the Constitution of India, the
State High Court was for the first time given power to issue writs for enforcement of the
fundamental rights so far as they are applicable to the State of J&K. In 1957, by the
Jammu and Kashmir Constitution Act, an independent judicial body with the High Court of
Judicature at the top was created. The
High Court has at present a sanctioned strength of 14 Judges including
9 Permanent Judges and and 5 Additional Judges. From May to end October, The
Chief Justice and the Administrative Wing of High Court shifts to Srinagar and from
November to end April, the HQ is at Jammu. However, Court sections of both the Jammu and
Srinagar Wings of the High Court function throughout the year. |
