Self Reliant Kashmir, Legally

Must Read

Ed-Tech Companies and the Consumer Protection Act

In the present time when the whole country is getting back to normal after the wrath of the Coronavirus,...

The Right to Information and its Working of 15 years

On 12th October 2020, RTI finished fifteen years since its commencement. The question remains whether the legislation stands up to...

An Insight into Custodial Death in India

“The occurrence of Custodial deaths in the world’s greatest democracy has raised the eyebrows of every citizen and shaken...

Implications in Travel Insurance in Light of the COVID-19 Crisis

As the world, today is crippled by this once in a century pandemic and as of date more than...

Second-Round Effects of Rent Control Laws: The Argentine Case

Introduction In colonial India, a city had an issue with its cobra population, which was a problem clearly in need...

Why Are the Big Techs of Silicon Valley Accused of Anti-Competitive Behaviours?

The big tech giants of the Silicon Valley are facing major challenges with relation to their monopolistic powers after...
Malik and Romaan Law Offices
Malik and Romaan Law Offices, Kashmir is a full-service Law Firm with its offices in Delhi, J&K and Mumbai

Follow us

The Law which abrogated a Law to introduce a new Law is itself under Judicial Scrutiny and is presently the subject matter of WP(C) 1099 of 2019 before the Hon’ble Supreme Court of India, but in the absence of any decree nisi, as the situation persists, The Jammu and Kashmir Reorganization Act, 2019 by way of Section 95 extended 106 Central Acts to the newly created Union Territory(UT) of Jammu and Kashmir (J&K) while dousing 153 erstwhile Acts passed by the predecessor State Legislature and securing 166 erstwhile Acts.

The Central Acts, which have now been made applicable to J&K aims at uniformity in Law across the country and promise its people to access to laws in the form of rights, as is being extended to the rest of the countrymen. The extension of Central Acts made on 9th of August 2019, but the tangible implementation in forms of establishing requisite forums, Tribunals etc. is still a far reality, as many of the Central Acts extended to J&K under The Jammu and Kashmir Reorganization Act, 2019 have a prerequisite of a separate Judicial forum for its effective implementation, as the jurisdiction does not rest with the traditional courts for adjudication.

For example, the Jammu and Kashmir Reorganization Act, 2019 extended Central Acts like The Administrative Tribunal Act 1985 or The Family Courts Act 1984, The Legal Services Authorities Act, The Gram Nyayalayas Act, 2009 and many other in the list which prerequisites an independent judicial establishment for its implementation or some of the Acts have a separate composition or organizational structure which differs from the erstwhile Acts and hence needs systematic reorganization to keep the these Central Acts alive and effective like the rest of the country.

The establishment of forums would be a two-fold task, First would be the infrastructural challenge and Second “distribution”, and the latter would require a pragmatic approach and consistency in distribution to keep the two brothers happy, i.e. Jammu and Kashmir. An old Afghan proverb (Brothers love when equal) should be the weighing scale for the state for establishing new forums, tribunals and courts in J&K, as leaning to one side can disquiet the stakeholders on the other. The recent development wherein the State of J&K was given its bench of Central Administrative Tribunal, which in any other situation would have been lauded but its establishment at Jammu with no bench in Srinagar displeased many who were expecting symmetry of justice.

If any asymmetrical approach is followed in the establishment of new forums, tribunals etc. the legal fraternity of non-receiver would be upset, but the ultimate loss would be off the litigant whose suffering would multiply on unwanted travel of Jammu connecting Kashmir snake way road in pursuit of justice and would cost litigant more in agony and money, a prolonged wait which would further be stretched by distance. Hence what was far before remains far.

The principle of establishing tribunals and extending Central Acts is to impart timely adjudication, therefore, creating division of benches at both Jammu and Kashmir would be a viable solution instead of decorating one house while scavenging the other. Creating multiple benches of newly created forums would not only help in creating harmony apart from creating equal employment and opportunity but would also be environment friendly and a futuristic approach.

The principle of Atma Nirbhar, i.e. self-reliance shall be conceptualized in every industry and not just manufacturing, and the idea of division of benches would make the two hands equal and self-reliant; establishment of the separate benches is not only a clamour of J&K, but similar demands are even being made for cassation of Benches of the Hon’ble Supreme Court of India at Hyderabad, Chennai, Kolkata and Mumbai and was even proposed in the Law Commission report 229 of 2019.

The idea to make the litigant travel less for justice is subsumed in the legislature which is reflective in many Acts, for example, section 22C of the National Consumer Protection Act, 1986 proviso for circuit benches, hence what is clear is the intent of legislature behind incorporating such provisions is nothing but the ease of access to litigants.

The establishment process of these forums should, from inception be foresighted and shall be engineered on the principles of practicality and accessibility. The UT of Jammu & Kashmir which is being projected as future Investment State should from the beginning be well equipped to handle the grievances and dispute that might arise in future; hence those coming to Jammu and Kashmir should feel the ease and accessible justice and shall not be unnecessarily made shuttle between J and K.

On the establishment of CAT bench at Jammu, some politicians raised the issue with the Central Govt. but in the absence of any appropriate government in the State, the appeal by the mighty politician is as good as infructuous as the forum rests at Delhi, again a journey to long to travel for justice. The non-establishment of the separate benches also stands against the idea of abolishing Darbar move which again is seen by many as unnecessarily travel, expenditure and cause of delay in performing the duties as has been cast on executive and judiciary. Hence the futuristic, pragmatic and viable idea would be to develop parallel benches of the newly created forums to maintain a symmetrical Justice system.

The Authors Viqas Malik & Romaan Muneeb are Lawyers at the J&K High Court. The Authors can be reached at malikan[email protected] is now on Telegram. Follow us for regular legal updates and judgments from the court. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can also subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.


Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Bombay High Court Passes Order To Clarify and Modify Previous Order When State of Maharashtra Moved Praecipe

Division Bench of Bombay High Court consisting of Justice S. V. Gangapurwala and Justice Shrikant D. Kulkarni had passed an Order on 25th October...

The European Court of Human Rights Orders Germany To Pay Non-Pecuniary Damages for Prison Strip-Searches 

A serving German prisoner was repeatedly stripped searched for non-legitimate purposes. The European Court of Human Rights (ECHR) found that Germany had violated the...

Lack of Independent Witness Doesn’t Vitiate Conviction: Supreme Court

A three-judge Bench of the Supreme Court in Rajesh Dhiman v State of Himachal Pradesh clarified the law in case of lack of independent...

Madras High Court Observes Unexplained Delay in Procedural Safeguards, Quashes Detention Through Writ Petition

A Writ Petition was filed under Article 226 to issue a writ of Habeas Corpus. The petitioner P. Lakshmi, called for records of the...

UK Court of Appeal Rules Home Department’s Deportation Policy of Immigrants Unlawful

Britain’s Court of Appeal quashed the Home Department’s deportation policy, declaring it unlawful; criticizing it for being too stringent on immigrants to comply with. Background The...

Supreme Court Stays Order Restraining Physical Campaigns in the Madhya Pradesh Bye-Elections

On the 26th of October, a Bench was set up which comprised Justice AM Khanwilkar, Justice Dinesh Maheshwari, and Justice Sanjiv Khanna. They heard...

Inordinate and Unexplained Delay in Considering Representation by Government Renders Detention Order Illegal: Madras High Court

A Petition under Article 226 of the Constitution was filed in the Madras High Court to declare the detention order of the husband of...

Supreme Court Asks Petitioner to Approach Bombay High Court in PIL for CBI Probe in Disha Salian Case

On the 26th of October 2020, the Apex Court heard the PIL praying for a CBI probe into the death of Disha Salian. The...

Privy Council Clarifies Approach To Winding up in “Deadlock” Cases in the Case of Chu v. Lau

The Judicial Committee of the Privy Council clarified several aspects of the law concerning just and equitable winding-up petitions, as well as shareholder disputes...

Madras High Court Directs Hospital To Submit Necessary Medical Reports to Authorization Committee for Approval of Kidney Transplant

A Writ Petition was filed under Article 226 to issue a Writ of Mandamus to K.G. Hospital, Coimbatore by P. Sankar & V. Sobana....

More Articles Like This

- Advertisement -