Jammu: “Common High Court for the Union Territory of Jammu and Kashmir and Union Territory of Ladakh” has now been rechristened as the “High Court of Jammu and Kashmir and Ladakh.” The nomenclature has been changed by virtue of an amendment in clause (a) of sub-section (1) of section 75 of the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) through a presidential order on Friday.
The order, to be referred to as “Jammu and Kashmir Reorganisation (Removal of Difficulties) Order, 2021 (of 2021)” issued by the President Ram Nath Kovind, has come into force on the date of its publication in the official Gazette.
As per the order notified by the Department of Justice of Union Ministry of Law and Justice, the change was effected as the existing nomenclature was found to be “rather long-winding and cumbersome.”
Other objective specified behind the move was to bring it (name) “in consonance with the name pattern followed in other common High Courts.”
“The present nomenclature is found to be rather long-winding and cumbersome, the said nomenclature, may be substituted as High Court of Jammu and Kashmir and Ladakh, which besides being convenient would also be in consonance with the name pattern followed in other common High Courts, namely, Punjab and Haryana High Court, which has jurisdiction over the States of Punjab and Haryana and the Union Territory of Chandigarh,” read the order.
As per the order, the considered views on the proposal to change the nomenclature were sought from the Lieutenant Governor of Union Territory of Jammu and Kashmir, the Lieutenant Governor of Union Territory of Ladakh and the Chief Justice of the Common High Court for the Union Territory of Jammu and Kashmir and Union Territory of Ladakh.
“The Lieutenant Governor of Union Territory of Jammu and Kashmir vide letter dated October 27, 2020 and the Lieutenant Governor of Union Territory of Ladakh vide letter dated October 20, 2020 have conveyed their agreement to the proposed change in the name of the High Court,” it added.
“The then Chief Justice of the common High Court for the Union Territory of Jammu and Kashmir and Union Territory of Ladakh vide letter dated November 21, 2020 has also conveyed her no objection to the proposed name,” the order mentioned.
The Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) was enacted to provide for reorganisation of the existing State of Jammu and Kashmir into the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh.
Clause (a) of sub-section (1) of section 75 of the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) declared that the High Court of Jammu and Kashmir shall be the Common High Court for the Union Territory of Jammu and Kashmir and Union Territory of Ladakh.
The High Court of Jammu and Kashmir was established on the basis of the Jammu and Kashmir Government order Number 1 issued on March 26, 1928. Part IV of the Jammu and Kashmir Constitution Act, 1939 dealt with the judiciary in the State.
The High Court was established under clause (a) of section 48 of the said Act in 1928, and continued to be the High Court for the State.
“Sub-section (1) of section 93 of the Constitution of Jammu and Kashmir, 1956, declared that there shall be a High Court for the State of Jammu and Kashmir and that the High Court exercising jurisdiction in relation to the State immediately before commencement of the Constitution shall be the High Court for the State,” the order mentioned.