Common High Court for UTs of J&K, Ladakh

The newly-created Union Territories of Jammu and Kashmir, and Ladakh will have common High Court which shall have all such powers to make rules and orders as it had for the erstwhile state.

According to the Jammu and Kashmir Reorganisation Act 2019, the judges of the High Court of Jammu and Kashmir of the erstwhile state of Jammu and Kashmir shall become the Judges of the common High Court from today.

The expenditure in respect of salaries and allowances of the judges of the common High Court shall be allocated amongst the Union territory of Jammu and Kashmir and Union territory of Ladakh on the basis of population ratio, says the Act, , which was introduced in the Parliament by the Centre to bifurcate Jammu and Kashmir into two Union Territories Jammu and Kashmir with an Assembly and Ladakh without one.

As per the Advocates Act, 1961, the words "Jammu and Kashmir" shall be deleted on Thursday new clause shall be inserted for the Union territory of Jammu and Kashmir and Union territory of Ladakh to be known as the Bar Council of Jammu and Kashmir, and Ladakh.

An advocate on the roll of the Bar Council of the erstwhile state of Jammu and Kashmir and practising as an advocate in the High Court of Jammu and Kashmir, may continue to be members of the "Bar council of Jammu and Kashmir; and Ladakh", notwithstanding anything contained in the Advocates Act, 1961 and the rules made thereunder.

The persons other than the advocates who are entitled immediately before the date when the two Union Territories came into existence and after that will be recognised as such persons entitled to practise in the common High Court of Jammu and Kashmir or any subordinate court thereof, as the case may be.

"The right of audience in the common High Court of Jammu and Kashmir shall be regulated in accordance with the like principles as immediately before the date referred to in sub-section (1) of section 75, are in force with respect to the right of audience in the High Court of Jammu and Kashmir," the Act says.

The High Court of Jammu and Kashmir shall, with the necessary modifications, apply in relation to the common High Court of Jammu and Kashmir and accordingly it shall have all such powers to make rules and orders with respect to practice and procedure as are immediately before that date exercisable by the common High Court of Jammu and Kashmir, reads the Act.

Provided that any rules or orders, the High Court of Jammu and Kashmir shall, until varied or revoked by rules or orders made by the common High Court of Jammu and Kashmir, apply with the necessary modifications in relation to practice and procedure in the common High Court of Jammu and Kashmir as if made by that Court.

Nothing in this part shall affect the application to the common High Court of Jammu and Kashmir of any provisions of the Constitution, the Act said.

"And this part shall have effect subject to any provision that may be made on or after the date referred to in sub-section (1) of section 75 with respect to the common High Court of Jammu and Kashmir by any Legislature or other authority having power to make such provision."

(Rajnish Singh can be contacted at rajnish.s@.in)

( With inputs from IANS )