History & Establishment
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 and 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 25 Judges including 19 Permanent Judges and 6 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.
Formation of State Council
The British Government requested Maharaja Partap Singh to appoint a Council. The Judicial Member of this Council exercised all appellate powers on both civil and criminal sides — the first step towards institutionalised justice in the State.
Chief Judges Era & Transitional Phase
Both Jammu and Kashmir had Chief Judges exercising judicial authority, but under the superintendence and control of the Law Member of the Council. After the Council was abolished, the Ruler appointed a Minister designated as Judge of the High Court. In 1927 a new Constitution was sanctioned, creating a Ministry in the Judicial Department in place of the Law Member.
1928
Establishment of the High Court
By virtue of Order No. 1 dated 26.3.1928, the High Court of Judicature was established — for the first time consisting of a Chief Justice and two Judges. The Maharaja appointed Lala Kanwar Sein as the first Chief Justice, and Rai Bahadur Lala Bodh Raj Sawhney and Khan Sahib Aga Syed Hussain as the first Puisne Judges. The usual places of sitting were Jammu and Srinagar.
Constitution Act of 1996 (1939 A.D.)
The Ruler promulgated the Constitution Act of 1996, conferring upon the High Court a substantial measure of independence and powers of superintendence and control over the District Judiciary. The Act also constituted a 3-member Board of Judicial Advisers — akin to the Privy Council in British India — to advise the Ruler in the disposal of civil and criminal appeals against decisions of the High Court.
1943
Letters Patent Conferred
On 10.9.1943, Letters Patent was conferred on the High Court, formally defining its jurisdiction, powers and privileges and further consolidating its constitutional standing.
Constitution Application Order, 1954
The jurisdiction of the Supreme Court of India was extended to the State of J&K. Under Article 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 fundamental rights — a landmark constitutional development for the region.
Historic Supreme Court Sitting at Srinagar
With the abolition of the Board of Judicial Advisers by the Constitution Act 1956, 17 appeals pending before it needed disposal. At the request of the Chief Justice, the Government of India — in consultation with the Chief Justice of India — constituted a Special Bench comprising Justice Mehar Chand Mahajan (CJI), Justice S.R. Das and Justice Ghulam Hassan. The Bench sat at Srinagar and upheld the High Court's judgment in all 17 appeals. This remains the sole instance of the Supreme Court sitting outside its seat at Delhi.
Jammu and Kashmir Constitution Act, 1957
An independent judicial body with the High Court of Judicature at the top was formally created by the Jammu and Kashmir Constitution Act, 1957 — completing the transformation from a princely state court to a fully independent constitutional court.
High Court of Jammu & Kashmir and Ladakh
Following reorganization, the court now serves as the High Court of Jammu & Kashmir and Ladakh with a sanctioned strength of 25 Judges — 19 Permanent and 6 Additional. From May to end-October the Chief Justice and the Administrative Wing shift to Srinagar; from November to end-April the headquarters is at Jammu. Court sections of both wings function throughout the year.