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The High Court of Jammu and Kashmir was established in 1928. Prior to 1928, the ruler of Jammu and Kashmir served as the final authority on legal matters in the state. In 1889, the ruler established a council with a judicial member to handle appeals. This judicial member had authority over two chief judges who administered justice in the Jammu and Kashmir provinces. In 1928, the ruler formally established the High Court of Jammu and Kashmir through an order, making it the highest judicial authority in the state. The High Court was given further independence and powers through subsequent constitutional amendments and acts in 1939 and 1957.

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71 views3 pages

Admin:-: Shafiq Monitor

The High Court of Jammu and Kashmir was established in 1928. Prior to 1928, the ruler of Jammu and Kashmir served as the final authority on legal matters in the state. In 1889, the ruler established a council with a judicial member to handle appeals. This judicial member had authority over two chief judges who administered justice in the Jammu and Kashmir provinces. In 1928, the ruler formally established the High Court of Jammu and Kashmir through an order, making it the highest judicial authority in the state. The High Court was given further independence and powers through subsequent constitutional amendments and acts in 1939 and 1957.

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(Brief History About High Court of J & K)

ADMIN:-SHAFIQ MONITOR
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 17
Judges including 13 Permanent Judges and 4 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.

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