User:Mnomy88
The Chief Justice of Jammu and Kashmir
Table of Contents:
1. History
2. The Chief Justice
3. Former Chief Justices
4. References
1. History
The High Court of the State of Jammu and Kashmir was established in the year 1928. Prior to the establishment of the High Court, the ruler of the State, known as Maharaja, was the final authority in the administration of justice. In 1889, the British Government asked Maharaja Partap Singh to appoint a Council that would include a Judicial member among other appointees. The Judicial member of the Council exercised all the appellate powers on civil and criminal cases. The State having two provinces, Jammu and Kashmir, had multiple chief judges exercising judicial authority, but they all acted under the superintendence of the Judicial member of the Council. Later, the Council was abolished and a Minister designated as 'Judge of the High Court' was appointed by Singh to decide judicial cases. In 1927, a new Constitution was sanctioned by the then Maharaja that removed the Judicial Member and, instead, created the Ministry in the Judicial Department.
On March 26, 1928, the High Court was formally established, and for the first time, it would consist of the Chief Justice and two associate Judges. On the same day, 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 associate Judges. The High Court would conevene in both 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, or the district judiciary.
The same Act also constituted a three 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 of Jammu and Kashmir, 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, the 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 its usual place of convention in Delhi, something that has never happened since. On September 10, 1943, Letters Patent was conferred on the High Court.
In 1954, by the Constitution Application Order of 1954, the jurisdiction of the Supreme Court was extended to the State of Jammu and Kashmir. Under Act 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 Jammu and Kashmir. In 1957, by the Jammu and Kashmir Constitution Act, an independent judicial body, with the High Court at the top, was created.
The High Court is currently presided by 14 Judges, including 9 Permanent Judges and 5 Additional Judges. The Chief Justice and the Administrative Wing of High Court operates in Srinagar from May 1 through October 31, and in Jammu from November through April. However, the Court sections of the High Court function throughout the year in both Jammu and Kashmir.