Jammu and Kashmir High Court :

The Jammu and Kashmir High Court is the high court for Jammu and Kashmir and Ladakh. It was established in 26 March 1928 by letters patent issued by the Maharaja of Jammu Kashmir. The seat of the court shifts between its summer capital Srinagar and winter capital Jammu of Jammu and Kashmir. The court has a sanctioned judge strength of 17 in which 13 are permanent judges and 4 are additional judges.

History :

The High Court of the Jammu Kashmir was established on the basis of the Order No. 1 issued by the Maharaja on 26 March 1928. The Maharaja appointed Lala Kanwar Sain as the first Chief Justice and Lala Bodh Raj Sawhney and Khan Sahib Aga Syed Hussain as puisne judges. The seats of the High Court were at Jammu and Srinagar. On 10 September 1943, letters patent were conferred on the High Court by the Maharaja. Khan Sahib Aga Syed Hussain[6] was the first Muslim Judge of the High Court. He retired as Home and Judicial Minister of Jammu & Kashmir during the Maharaja Rule. In August 2018, the Jammu and Kashmir High Court got its first and second woman judges. Sindhu Sharma who was appointed as a Judge and Justice Gita Mittal who was appointed as the Chief Justice of the J&K High Court.

In August 2019, a Reorganisation Bill was passed by both houses of the Indian Parliament. The provisions contained in the bill reorganised the state of Jammu and Kashmir into two union territories; Jammu and Kashmir (union territory) and Ladakh with effect from 31 October 2019. The existing Jammu and Kashmir High Court is to continue as the high court for both union territories.

The present Chief Justice :

Justice Gita Mittal was sworn in as the Chief Justice of the Jammu and Kashmir High Court on 11 August 2018.

High Court- Jurisdiction and Functions:

1. Original Jurisdiction :

 (a) Original Jurisdiction: The High Courts of Bombay, Calcutta and Madras possess original jurisdictions in civil and criminal cases arising within these towns. They are authorized to hear a civil case involving property of the value of Rs. 20,000/- or more. This is an exclusive right enjoyed by these three High Courts.

(b) Original Jurisdiction regarding Fundamental Rights: The High Courts have been empowered to issue writs in order to enforce fundamental rights.

(c) Original Jurisdiction in respect of some other Cases: All High Courts possess original jurisdiction in cases relating to divorce, will, admiralty and contempt of court.

2. Appellate Jurisdiction:

(a) Appellate Jurisdiction in Civil Cases: In a civil case appeal to the High Court can be made against the decision of a district court. An appeal can also be made from the subordinate court directly, provided the dispute involves a value higher than Rs. 5000/- or on a question of fact or law.

(b) Jurisdiction in Criminal Cases: An appeal to the High Court lies in case a Sessions Court has awarded the punishment of four years or more. All cases involving capital punishment awarded by the Session Court come to High Court as appeals. A death sentence awarded to a criminal by a Session Court can be carried out only if the High Court upholds the decision. Any case involving an issue of interpretation of the Constitution can go to the High Court as an appeal.

3. High Court as the Court of Record:

 High Courts, like the Supreme Court of India, are also Courts of Records. The records of all their judgements can be the basis for deciding cases by the subordinate courts. Each High Court has the power to punish all cases of its contempt by any person or institution.

4. Power of Judicial Review:

Like the Supreme Court of India, each High Court also enjoys the power of Judicial Review. It has the power to declare any law or ordinance unconstitutional if it is found to be against the Constitution of India.

5. Power of Certification:

In most of the cases decided by a High Court, an appeal can go to the Supreme Court only when it is certified by the High Court that such an appeal can be made.

6. Administrative Powers of a High Court:

• It has the power to superintend and control all subordinate courts.
•  It can issue 1 rule regulating the working of subordinate courts.
•  It can ask for the details of the proceedings from subordinate courts.
• It can transfer any case from one court to another and can even transfer the case to itself and decide the same.
• It has the power to investigate or enquire into the record or other connected documents of any court subordinate to it.
• Each High Court has the power to appoint its administration staff and determine their salaries, allowances and other conditions of service.
• The appointment, promotion and posting of the district judges is made by the Governor in consultation with the High Courts.