What The J&K Reorganization Bill Means For Judiciary?

The Jammu & Kashmir Reorganization Bill 2019 passed by the Parliament on Tuesday bifurcates the state into Union Territories of J&K and Ladakh.

This reorganization will entail the following consequences as regards judiciary :

• The High Court of Jammu and Kashmir will be a common High Court for UT of J&K and Ladakh (Sec.75)
• Judges of existing HC of J&K will continue in the High Court for both the UTs
•  The law in force in respect of procedure in HC of J&K will continue in the common HC for the UTs

Advocate General for UT of J&K

The Lieutenant Governor can appoint a person who is qualified to be appointed a Judge of the High Court, to be Advocate-General for the Union territory of Jammu and Kashmir.

The Advocate-General shall hold office during the pleasure of the Lieutenant Governor and receive such remuneration as the Lieutenant Governor may determine.

Succession of existing legal proceedings

Section 99 speaks of the succession of existing legal proceedings with respect to State of J&K.

Where, the existing State of Jammu and Kashmir is a party to any legal proceedings with respect to any property, rights or liabilities subject to apportionment among the successor Union Territories under the Act, the Union territory of Jammu and Kashmir or the Union territory of Ladakh which succeeds to, or acquires a share in, that property or those rights or liabilities by virtue of any provision of this Act will be deemed to be substituted for the existing State of Jammu and Kashmir or added as a party to those proceedings, and the  proceedings may continue accordingly.

Transfer of pending proceedings

Every proceeding pending immediately before a court (other than High Court), tribunal, authority or officer in any area which on that day falls within the State of Jammu and  Kashmir shall, if it is a proceeding relating exclusively to the territory, which as from that day are the territories of any Union territory, stand transferred to the corresponding court, tribunal, authority or officer of that Union territory(Section 100).

If any question arises as to whether any proceeding should stand transferred, it should be referred to the common High Court of Jammu and Kashmir and the decision of that High Court shall be final.

Rights of advocates

Any person who, immediately before the appointed day, is enrolled as a pleader entitled to practise in any subordinate court in the existing State of Jammu and Kashmir shall, for a period of one year from that day, continue to be entitled to practise in those courts, notwithstanding that the whole or any part of the territories within the jurisdiction of those courts has been transferred to any of the Union Territories(Sec.101).

The Bar Council of Jammu and Kashmir will be Bar Council of Jammu and Kashmir for the Union Territory of Jammu and Kashmir and Ladakh.

Any person who, immediately before the appointed day, is enrolled as a pleader entitled to practise in any subordinate court in the existing State of Jammu and Kashmir shall, for a period of one year from that day, continue to be entitled to practise in those courts, notwithstanding that the whole or any part of the territories within the jurisdiction of those courts has been transferred to any of the Union Territories(Sec.76).

Read the Bill