Jammu
and Kashmir Constitution Act, 1939
Legal Document No
65
Whereas
It is expedient to
consolidate and amend the law relating to the
Government of Jammu and Kashmir: we are hereby pleased
to enact as follows:
Preamble.
- This Act may be cited as
the Jammu and Kashmir Constitution Act of 1966.
- This Act shall extend to
the whole of the Jammu and Kashmir State and shall
come into force at once.
- In this Act unless there
is anything repugnant in the subject or context;
- "Council" means
the Council of Ministers of Jammu and Kashmir
referred to in section 7;
- "Gazettee" means
the Jammu and Kashmir Government Gazette;
- "His Highness"
means 'His Highness the Maharaja Bahadur' of Jammu
and Kashmir;
- "Official" and
"non-official" mean respectively a
person who is and a person who is not in the Civil
or Military Service of the State, provided that
rules under this Act may provide for the holders
of such offices or any of them as may be specified
in the rules not being treated for purposes of
this Act as officials;
- "Rules" mean the
rules made under this Act; and (f)
"State" means the State of Jammu and
Kashmir.
The territories for the time
being vested in His Highness are governed by and in
the name of His Highness, and all rights, authority
and jurisdiction which appertain or are incidental to
the government of such territories are exercisable by
His Highness, except in so far as may be others is
provided by or under this Act, or as may be otherwise
directed by His Highness.
Notwithstanding anything
contained in this or any other Act all powers,
legislative, executive and judicial, in relation to
the State and its government are hereby declared to be
and to have always been inherent in and possessed and
retained by His Highness and nothing contained in this
or any other Act shall affect or be deemed to have
affected the right and prerogative of His Highness to
make laws, and issue proclamations, orders and
ordinances by virtue of his inherent authority.
6. The Executive
Subject always to the
provisions of sections 4 and 5 and subject also to
such rules of business and allocation of portfolios
and such other directions as to consultations with or
reports to and confirmation by His Highness on special
matters as His Highness may give from time to time by
general or special orders in that behalf, the
superintendence, direction and control of the civil
administration and government of the State shall be
vested in the Council.
- The Council shall consist
of the Prime Minister for the time being and such
other Ministers of State as His Highness may
appoint by Royal Warrant of appointment. The Prime
Minister and the other Minister shall be
responsible to His Highness and shall hold office
during the pleasure of His Highness. The Prime
Minister shall be the President of the Council.
- Every person appointed to
be a member of the Council shall before entering
on the duties of his office make and subscribe
before His Highness or any other officer
authorised by His Highness in this behalf on oath
of allegiance in the form set out in schedule I.
- The Prime Minister may
with the previous sanction of His Highness make
rules for the more convenient transaction of the
business of the Council.
-
- His Highness may appoint a
person qualified to be appointed a Judge of High
Court to be Advocate General for the State subject
to such rules as may be made by the Council in
this behalf
- It shall be the duty of
the Advocate General to give advice on such legal
matters and to perform such other duties of a
legal character as may from time to time be
referred or assigned to hind by the Council;
- The Advocate General shall
be appointed for such period and on such salary or
other remuneration and on such terms and
conditions of service as Hiss Highness may fix.
- Orders end other
instruments made and executed in the name of His
Highness or of the Council shall be authenticated
in such manner as may be specified in rules to be
made by His Highness and the validity of an order
or instrument which is so authenticated shall not
be called in question on the ground that it is not
an order or instrument made or executed by His
Highness or the Council as the case may be.
- The Council may make rules
not inconsistent with this. Act for the following
matters:
- the term of office of the
nominated members of' the Praja Sabha and the
matter of filling casual vacancies among them;
- the conditions under which
and the manner in which persons may be nominated
as members of the Praja Sabha;
- the qualifications of
electors, the constitution of constituencies and
their territorial extent, the method of election
of the members of the Praja Sabha and any matters
incidental or ancillary thereto;
- the qualifications for
being or being chased as members of the Praja
Sabha;
- the final decision of
doubts and disputes as to the validity of an
election;
- the prevention of corrupt
practices at election;
- the manner in which rules
should be carried into effect;
- regulating the course of
business and the preservations of order in the
Praja Sabha;
- prohibiting or regulating
the asking of questions on and the discussion of
any subject specified in the rules;
- fixing the dates and the
procedure for the presentation and discussion of
the annual financial statement;
- fixing the halting and
travelling allowances of members of the Praja
Sabha for attending meetings of the Praja Sabha or
of the Committees hereof.
- the duties of Praja Sabha
Under-Secretaries
- the duties of the Advocate
General; and
- generally for carrying out
the provisions of this Act.
THE LEGISLATURE
- Subject to the provisions
of this Act, the Legislature of the State shall
consist of His Highness and a chamber to be known
as the Praja Sabha.
-
- The Praja Sabha shall
consist of the President and seventy five other
members.
- The members of the Council
shall be ex-officio members of the Praja Sabha.
- Of the remaining members,
forty shall be elected! and the rest nominated by
His Highness.
- Thirty three of the
elected members shall represent the communities
and the general constituencies shown in schedule
II and seven shall represent the special
constituencies shown in schedule III.
- Of the nominated members
referred to in subsection.
- fourteen shall represent
the areas and communities shown in Schedule IV,
and
(b) not more than eight shall be
officials.
- Rules may be made under
clause (c) of section 12 altering the-
constituencies and their territorial extent as
shown in schedule IV but such rules shall not have
effect unless sanctioned by His Highness.
- His Highness may for the
purpose of any Bill introduced or proposed to be
introduced in the Praja Sabha nominate not more
than two persons having special knowledge or
experience of the subject matter of the Bill, and
these persons shall, in relation to the Bill,
have, for the period for which they are nominated
all the rights of members of the Praja Sabha, and
shall be in addition to the members above referred
to.
15. (1) Every Praja Sabha shall
continue for three years from its first meeting;
Provided that His Highness may:
(a) at any time dissolve that
Praja Sabha before the expiry of its term; or
(b) extend the term of the Praja
Sabha if in special circumstances he so thinks fit.
(2) His Highness shall
appoint a date not more than six months after the date
of expiry of the term of the Praja Sabha or of its
dissolution for its next session.
(a) there shall be every year
at least one session of the Praja Sabha at Jammu and
another at Srinagar;
(b) subject to the provisions
of this section, His Highness may from time to time.
- summon the Praja Sabha at
such time and place as he thinks fit; or
- prorogue the Praja Sabha;
or
(iii) dissolve the Praja Sabha.
16. Communication by His
Highness to the Praja Sabha may be made
- in person; or
- by message sent through
the Prime Minister or any other Minister; or
- by message sent through
the President or any other person presiding under
the provisions of section 20.
- Communications by the
Praja Sabha to His Highness shall be made by
formal address submitted through the President
after motion made and carried in the Praja Sabha.
- The Advocate General shall
have the right to speak in the Praja Sabha and to
take part in its proceedings and in the
Proceedings of any of its committees but shall
not, merely by virtue of this section, have a
right to vote.
- The President of the Praja
Sabha shall be appointed by His Highness for such
term as he may fix and he may remove the President
from office and fill casual vacancies in that
office.
- (1) The Praja Sabha shall
choose one of its members to be the Deputy
President thereof and so often as the office of
the Deputy President becomes vacant the Praja
Sabha shall choose another member to the Deputy
President.
The Deputy President shall
perform such duties of the President as may be
assigned to him by the President with the approval
of the Council and shall, during the absence of the
President from any sitting of the Praja Sabha, act
as President.
(3) During the temporary
absence of the President and the Deputy President
from a meeting of the Praja Sabha such person shall
act as President as His Highness may by general or
special order in that behalf direct.
- A member holding the
office of Deputy President shall vacate his office
if he ceases to be a member of the Praja Sabha,
may, at any time, resign his office by writing
under his hand addressed to the Prime Minister,
and may be removed from his office by a resolution
of the Praja Sabha passed by a majority of the
members then on the roll of the Praja Sabha.
- His Highness may appoint
from among the non-official members of the Praja
Sabha as many under-Secretaries and for such
period not exceeding the life of the Praja Sabha
as he may think fit. An under- Secretary shall be
attached to one or more ministers and will be
assigned such duties in relation to the business
coming before the Praja Sabha as may be prescribed
by rules in this behalf.
- Subject to the provisions
of this Act, the Praja Sabha may make laws for
whole State or any part thereof, and for the
subjects of His Highness wherever they may be.
- It shall not be lawful for
the Praja Sabha to consider or deal with any
matter or enact any law relating to or affecting:
- His Highness or any member
of the Royal Family or the management of the Royal
house-hold;
- relations, treaties,
convention or agreements between the State and His
Majesty the King Emperor of India or the
Government of India or with Foreign powers or the
Government of any State in India now subsisting or
in force or hereafter to be established or made;
- matters of frontier policy
including those relating to Ladakh and Gilgit;
- Such matters relating to
the Jagirs of Poonch and Chenani as His Highness
may specify;
- rights specifically
granted to Illaqadars or Jagirdars by their sanads;
- the organization,
discipline and control of the State Forces;
- the departments declared
by Highness from time to time as Hazure
departments;
- the Dharmarth Trust;
- the provisions of this Act
and the rules made thereunder and their repeal or
modification; and
- such other matters as may
be specified by His Highness from time to time.
25. (1) All questions at any
sitting of the Praja Sabha shall be determined by a
majority of votes of the members present and voting
other than the President or person acting as such:
Provided that, in the case of
an equality of votes, the President or person acting
as such shall exercise a casting vote.
- The Praja Sabha shall have
power to act notwithstanding any vacancy in the
membership thereof and any proceedings in the
Praja Sabha shall be valid notwithstanding that it
is discovered subsequently that some person who
was not entitled so to do sat or voted or
otherwise took part in the proceedings.
- If at any time during a
meeting of the Praja Sabha less than one-fifth of
the total number of members are present, it shall
be the duty of the President or persons acting as
such either to adjourn the Praja Sabha or to
suspend the meeting until at least one-fifth of
the members are present.
PROVISIONS AS TO MEMBERS OF
THE PRAJA SABHA
- Every member of the Praja
Sabha, other than an ex-officio member, shall,
before taking his seat, make and subscribe at a
meeting of the Praja Sabha before the President or
such person as may be authorised by His Highness
in this behalf, an oath or affirmation in the form
set out in Schedule 1.
- (1) If a member of the
Praja Sabha,
- becomes subject to any of
the disqualifications mentioned in sub-section (1)
of the next succeeding section, or
- by writing under his hand
addressed to the Prime Minister resigns his seat,
his seat shall thereupon become vacant.
(2) If for two consecutive
sessions of the Praja Sabha a member is without the
permission of the President absent from all meetings
thereof, the President may declare his seat vacant.
28. (1) A person shall be
disqualified for being chosen as or for being a member
of the Praja Sabha,
- if he is an official;
(provided that this shall not apply to the
exofficio members or to the officials nominated
under section 14, or to the President or to the
Deputy President, or to the Under Secretaries
appointed under Section 2)
- if he is under 25 years of
age;
- if he is of unsound mind
and stands so declared by a competent Court:
- if he is an undischarged
insolvent or being a dischargedinsolvent has not
obtained from a competent Court a certificate that
his insolency was caused by misfortune without any
misconduct on his part;
- if he is a person against
whom a conviction by a Criminal Court for an
offence punishable a with sentence of imprisonment
for a term of six months or more is subsisting or
an order binding him to be of good behaviour has
been passed or an order of internment or
externment passed by a Magistrate or the Council
or His Highness is in force, unless a period of
five years or such less period as His Highness may
allow in any particular case has elapsed since
release or the expiry of the period specified in
the order;
- if he has been convicted
or has in proceedings for questioning the validity
or regularity of an election, been found guilty of
any offense or corrupt or illegal practice
relating to elections, which has been declared by
any law to be an offense or has been declared by
any rule or order of the Council to be a practice
entailing disqualification for membership of the
Praja Sabha, unless a period of three years has
expired from the date of such conviction or
finding;
- if, having been elected a
member of the Praja Sabha, he has failed to lodge
a return of election expenses within the time and
in the manner required by the rules under this
Act, unless a period of three years has expired
from the date by which the return ought to have
been lodged or His Highness has removed the
disqualifications7
A person shall not be capable of
being chosen a member of the Praja Sabha while he is
serving a sentence of imprisonment for a criminal
offense, or is under dentention for failure to furnish
security for keeping the peace or for good behaviour.
- Subject to the provisions
of this Act and to the rules and standing orders
regulating the procedure of the Praja Sabha there
shall be freedom of speech in the Praja Sabha and
no member of the Praja Sabha shall be liable to
any proceeding in any Court in respect of anything
said or any vote given by him in the Praja Sabha
or any Committee thereof, and no person shall be
so liable in respect of the publication by or
under the authority of the Praja Sabha of any
report, paper, votes or proceedings.
- The President, the Deputy
President and the Under Secretaries of the Praja
Sabha shall receive such honoraria as may be
determined by His Highness. The members of the
Praja Sabha shall be entitled to receive such
halting and travelling allowances as may be fixed
by rules in this behalf.
LEGISLATIVE PROCEDURE
31.
- Where a Bill has been
passed by the Praja Sabha, the Prime Minister may,
instead of presenting it for the assent of His
Highness, return it to the Praja Sabha for
reconsideration in whole or in part, together with
any amendments which he may recommend.
- Where a Bill has been
passed by the Praja Sabha and has not been
returned to it by the Prime Minister for
reconsideration it shall be submitted for the
assent of His Higness, who may declare either that
the assent thereto, or withholds his assent
therefrom.
- A Bill which is assented
to under the last preeeding sub-section shall be
published in the Gazette in English and shall then
become an Act and have the force of Law.
- In all the Regulations in
force in the State on the date on which this Act
comes into force and in the rules orders,
proclamations and notifications issued under such
Regulations, the word 'Act' shall, unless the
context otherwise, requires, be substituted for
the word 'Regulation'.
32. Subject to such restrictions
and conditions as are imposed by this Act or may be
imposed by rules or standing orders, any member may
- ask questions; and
- move resolutions: provided
that no question shall be asked and no resolution
shall be moved which affects the religious rights,
usages, endowments or personal law of any
community and is not asked or moved by a member of
that community.
PROCEDURE GENERALLY
33. The business of the Praja
Sabha shall be transacted in Urdu but any member may
address the Praja Sabha in English.
Provided that the text of all
Bills and amendments there to moved in, and of all
Acts passed by, the Praja Sabha, which shall be
treated as authoritative, shall be in English.
- Where the Praja Sabha
refuses leave to introduce, or fails to pass in a
form recommended by the Council, any Bill, His Highness
may declare that the proposed legislation is
essential for the good government, safety or
tranquillity of the State and such Bill shall, on
such declaration, become an Act as if it had been
passed by the Praja Sabha and assented to by His
Highness.
- If the Prime Minister at
any time certifies that the discussion of a Bill
introduced or proposed to be introduced in the
Praja Sabha or of any specified clause of a Bill,
or of any amendment moved or proposed to be moved
to a Bill or of any resolution or of an amendment
there to would affect, the safety or tranquillity
of the State or any part thereof, he may direct
that no proceedings. or no further proceedings,
shall be taken in relation to the Bill, clause or
amendment, or resolution or its amendment, and
effect shall be given to the direction.
- It shall not be lawful,
without the previous sanction of His Highness, to
introduce, consider or pass any Bill affecting the
religious rights, usages, endowments or personal
law of any community, and no such Bill shall be
deemed to be passed by the Praja Sabha unless two
third of the members of the Praja Sabha from the
community affected are present at the meeting of
the Praja Sabha and vote in its favour.
- No discussion shall be
allowed in the Praja Sabha with regard to the
conduct of any member of His Highness Board of
Judicial Advisers or of any Judge of the High
Court in the discharge of his duties.
- Notwithstanding anything
contained In this Act, the Council may, in case of
emergency or where immediate legislation is
required in any matter affecting the peace and
good government of the State, submit to His
Highness an Ordinance and such Ordinance on being
assented to His Highness shall have the force of
law for a period not exceeding six months from the
date of its promulgation.
- It shall not be lawful for
the Praja Sabha to repeal or alter any ordinance
passed under section.
- Standing orders may be
made and altered by the Praja Sabha providing for
the conduct of business and the procedure to be
followed in the Praja Sabha. Any standing order
which is repugnant to the provisions of this Act
or to any rules made thereunder shall to the
extent of that repugnancy but not otherwise, be
void.
PROCEDURE IN FINANCIAL
MATTERS
41. The Council shall in
respect of every financial year cause to be laid
before the Praja Sabha a statement of the estimated
receipts and expenditure of the State for the year:
Provided that the estimated
receipts and expenditure relating to the Jagirs of
Poonch and Chenani shall be shown separately in the
statement.
42. The estimates of
expenditure embodied in the annual financial statement
shall show separately:
- the sums required to meet
expenditure described by this Act as expenditure
charged upon the revenues of the State; and
- the sums required to meet
other expenditure proposed to be met from the
revenues of the State.
43. The following expenditure
shall be the expenditure charged on the revenues of
the State:
- expenditure on matters
reserved from the cognizance of the Praja Sabha
under section 24;
- contributions payable to
other Governments
- expenditure obligatory
under any law
- interest on loans and
sinking fund charges;
- expenditure which may be
classed by His Highness or the Council as
political;
- pensions and gratuities
granted by His Highness or with his sanction or
under the rules sanctioned by His Highness or the
Council;
- contributions, grants and
scholarships sanctioned by His Highness;
- salaries of the Judges of
the High Court and the members of His Highness
Board of Judicial Advisers:
- salaries of such other
officers as His Highness may specify from time to
time; and
- such other expenditure as
His Highness may specify from time to time.
- Any question whether any
proposed expenditure falls within a class of
expenditure charged on the revenues of the State
shall be decided by the Prime Minister and such
decision shall be final.
- So much of the estimates
of expenditure as relates to the expenditure
charged on the revenues of the State shall not be
submitted to the vote of the Praja Sabha.
- So much of the said
estimates as relates to the other expenditure
shall be submitted to the Praja Sabha in the form
of demands for grants. The Praja Sabha shall have
power to assent or to refuse to assent to any
demand or to assent to a demand subject to a
reduction of the amount specified therein.
provided that:
- the Council shall have
power, in relation to any such demand, to act as
if it had been assented to, notwithstanding the
withholding of such assent or the reduction of the
amount therein specified, if the Council considers
that the expenditure provided for by the demand is
necessary for the carrying on of any department or
for the discharge of the Council's responsibility
for its administration; and
- His Highness may in cases
of emergency authorise such expenditure as may in
his opinion be necessary for the safety or
tranquillity of the State or any part thereof or
for the carrying on of any department.
(3) No demand for a grant
shall be made except on the recommendation of the
Council.
- If in respect of any
financial year further expenditure from the
revenues of the State becomes necessary over and
above the expenditure authorised from that year,
the Council shall have the power to authorise that
expenditure. A statement of the expenditure so
authorised shall be presented to the Praja Sabha
along with the financial statement for the
following year.
- (1) A Bill or amendment
making provision:
- for imposing, increasing
or decreasing any tax, or
- for regulating the
borrowing of money or the giving of any guarantee
by the Council or for amending the law with
respect to any financial obligation undertaken by
the Council, or
- for declaring any
expenditure to be expenditure charged on the
revenues of the State, shall not be introduced or
moved except with the previous sanction of the
Prime Minister.
- A Bill or amendment shall
not be deemed to make provision for any of the
purposes aforesaid by reason only that it provides
for the imposition of fines or other pecuniary
penalties, or for the demand or payment of fees
for licences or fees for services rendered.
- A Bill which, if enacted
and brought into operation, would involve
expenditure from the revenues of the State shall
not be passed by the Praja Sabha unless the
Council has recommended to the consideration of
the Bill.
THE JUDICATURE: THE HIGHCOURT
48.
- the High Court referred to
in this Act is the High Court established in the
State by Order No. 1 of 1985 and styled as the
High Court of Judicature, Jammu and Kashmir State;
and
- the High Court shall
consist of a Chief Justice and two or more other
Judges, as His Highness. may from time to time
think fit to appoint.
49. Every Judge of the High
Court shall be appointed by His Highness and shall
hold office until he attains the age of fifty five
years, unless His Highness otherwise directs:
Provided that:
- a Judge may by resignation
under his hand' addressed to the Prime Minister
resign his office;
- a Judge may be removed
from his office by order of His Highness on the
ground of misbehavior or of infirmity of mind or
body.
50.
- The Chief Justice shall
have rank and precedence before the other Judges.
- All the other Judges shall
have rank and precedence according to the
seniority of their appointments.
51. A person shall not be
qualified for appointment as a Judge of the High Court
unless he;
- is a barrister of England
or Ireland or member of the Faculty of Advocates
in Scotland of not less than ten years standing;
or
- has for at least three
years held a judicial office in the State not
inferior to that of a District Judge; or
- has for at least five
years held a judicial office in the State or in
British India, not inferior to that of a
subordinate Judge, or a Judge of a Small Causes
Court; or is an Advocate of the High Court or of
any High Court in British India, and is a
barrister of England or Ireland or a member of the
faculty of Advocates in Scotland or a law graduate
of any recognised University in India who has been
practicing as an Advocate of the High Court or of
any High Court in British India for a period of at
least ten years.
- The Chief Justice and the
other Judges of the High Court shall receive such
salaries and allowances as His Highness may from
time to time fix in this behalf.
- Every person appointed to
be a Judge of the High Court shall before he
enters upon his office make and subscribe His
Highness or some person appointed by him an oath
according to form set out in that behalf in
schedule 1 of this Act.
- The High Court of
Judicature shall have and use as occasion may
require a seal bearing and advice impression of
the Jammu and Kashmir Coat of Arms with an exergue
or label surrounding the same, with the following
inscription, "The seal of the High Court of
Judicature, Jammu and Kashmir". The said seal
shall be delivered to and kept in the custody of
the Chief Justice or of an officer the Court from
time to time nominated by the Chief Justice.
- All writs, summonses,
precepts, rules order and other mandatory
processes to be used by the High Court shall run
and be in the name and style of His Highness and
shall be sealed with the seal of the High Court.
- The High Court is a Court
of record.
- The High Court shall have
jurisdiction to hear and determine any original
civil suit or other proceeding of which the value
is not less than rupees ten thousand and every
such suit or proceeding shall be instituted in the
High Court.
- The High Court shall have
jurisdiction to entertain and dispose of such
appeals, revisions and other cases-civil, criminal
or revenue-as it may be empowered to do under any
enactment in force in the State.
- The usual places of
sittings of the High Court shall be Jammu and
Kashmir (Srinagar) and His Highness may by order
direct for what period the High Court sit at each
such place.
- Whenever it appears to the
Chief Justice convenient that the jurisdiction and
power vested in the High Court by this Act or by
any other enactment for the time being in force
should be exercised in any place within the
jurisdiction of any court subject to the
superintendence of the High Court, other than the
usual places of sitting of the High Court, or at
several such places by way of circuit, one or more
Judges of the High Court shall with the previous
sanction of His Highness hold Court at such place
or places.
- Except as provided by any
enactment of the time being in force, all original
proceedings and suits shall be heard and decided
by a single Judge of the High Court.
60.
- Except as otherwise
provided by any enactment for the time being in
force and subject to any rules made in this
behalf, the Jurisdiction of the High Court of
Judicature may be exercised by a single Judge of
the Court or by a bench of two or more Judges of
the Court.
- Except as otherwise
provided by any enactment for the time being in
force, an appeal from any original decree or from
any order against which an appeal is permitted by
any law for the time being in force passed or made
by a single Judge of the High Court shall lie to a
bench consisting of two other Judges of the High
Court.
- Unless such appeal is
prohibited by any enactment for the time being in
force an appeal from an appellate decree made by a
single Judge of the High Court shall lie to a
bench consisting of two other Judges of the High
Court, where the Judge who passed decree declares
that the case is a fit one for appeal.
- The Chief Justice shall,
subject to the provisions of this Act, determine
which Judge in each case will sit alone and which
Judge of the Court will constitute a bench.
-
- When there is a difference
of opinion among the Judges composing any bench of
the High Court, the decision shall be in
accordance with the opinion.. Of the majority of
the Judges.
- If there is no such
majority, then
- if the bench is a full
bench, the decision shall be in accordance with
the decision of the Senior Judge, and
- in other cases the bench
before which the difference has arisen shall
either refer the question or the whole case for
decision to a full bench.
63.
- Any single Judge, and any
bench of two Judges of the High Court, not being a
full bench may, in any case, refer for the
decision of a full bench any question of law, or
custom having the force of law, or of the
construction of any document, or of the admissibly
or any evidence, arising before such single Judge
or bench and shall dispose of the case in
accordance with the decision of the full bench.
- Any Judge of the High
Court may, if he thinks fit, refer any appeal or
application coming before him for hearing as a
single Judge to a bench of two Judges for
decision.
64.
- Subject to such rules and
regulations as His Highness may make, the High
Court shall have superintendence and control over
all Courts for the time being subject to its
appellate or revisional jurisdiction, and all such
Courts shall be subordinate to the High Court.
- The Chief Justice, or a
Judge of the High Court authorised by him in this
behalf, shall from time to time visit and inspect
the proceedings of the Courts subordinate to the
High Court and shall give such directions in
matter not provided for bylaw as may be necessary
to secure the due administration of justice.
65.
- The High Court may,
subject to the sanction of the Council and on such
terms as to salary, allowances, promotion, leave,
suspension and dismissal, as may be sanctioned by
the Council, appoint a Registrar and a Deputy
Registrar.
- The High Court may
delegate to the Registrar or the Deputy Registrar
or both such judicial, quasi-judicial or
administrative powers as it may deem fit.
- The High Court shall
comply with such requisitions, as may, from time
to time, be made under the commands of His
Highness for records, returns and statements in
such form or manner as His Highness may require;
-
(1) The High Court may,
consistently with the laws for the time being in
force, make rules:
- to regulate the practice
of the Court;
- to regulate the practice
of the Courts subordinate thereto,
- to provide for the forms
to be used in the High Court and the Courts
subordinate thereto for such proceedings, books,
entries, statistics, and accounts as it thinks
fit;
- to provide for the
inspection of Courts subordinate thereto and the
supervision of the work thereof;
- to regulate all such
matters as it may think fit with a view to promote
the efficiency of the judicial and ministerial
officers of the High Court and of the Courts
subordinate thereto, and the maintaining of proper
discipline among those officers; and
- prescribing the
qualifications for and admission of persons to the
Advocates, Vakils and Attorneys-at-law of the High
Court and providing for the removal or suspension
from practice, on reasonable cause, of the said
Advocates, Vakils and Attorneys-at-law
(2) Such rules shall be made
with approval of a majority of tile Judges of the
Court and the sanction of the Council.
- The High Court shall have
the power to approve, admit and enroll such and so
many Advocates, Vakils, and Attorneys-at-law, as
it may deem fit.
- The High Court shall have
the poker to punish with fine not exceeding rupees
one thousand or with simple imprisonment for a
period not exceeding six months or with both any
person who is guilty of contempt in relation to
itself or to any Court subordinate to it; Provided
that the High Court shall not take cognizance of a
contempt alleged to have been committed in respect
of a Court subordinate to it when such contempt is
an offense punishable under the Ranbir Penal Code.
- Notwithstanding anything
provided in any enactment to the contrary, no
Judge of the High Court sitting in a full bench
thereof shall, by reason of his having: decided or
otherwise dealt with any case, be barred from
hearing and deciding the case.
HIS HIGHNESS' BOARD OF
JUDICIAL ADVISERS
71.
- His Highness may appoint a
Board of Judicial Advisers to advise him for the
disposal of such civil and criminal appeals as
may, under the law for the time being in force,
lie to His Highness from the decisions of the High
Court, and on such other matters as His Highness
may choose to refer to such Board for advice.
- Such Board shall - be
composed of as many members as His Highness may
from time to time determine and such members shall
be appointed by His Highness for such period and
no such terms as to salary and other conditions of
service as His Highness may consider proper.
- Every person appointed to
be a member of the Board shall, before he enters
upon his office, make and subscribe before His
Highness or some person appointed by him an oath
according to the form set out in that behalf in
Schedule 1 of this Act.
- His Highness may appoint
any person as an ex-officio member of the Board of
Judicial Advisers to discharge the functions of
the Board during the period such Board is not in
session, provided that Such ex-officio member
shall not sit on the bench of the Board for
hearing any appeal or other matter as is referred
to such Board for advice.
- His Highness may make
rules regulating the procedure regarding the
filing of appeals to His Highness, the place or
places and the period of sittings of the Board of
Judicial Advisers and the hearing as such appeals
and other matter as are referred to the Board for
advice.
- The Board may, from time
to time with the sanction of His Highness, add to,
alter or amend the rules of procedure in such
manners as they think fit.
ROYAL PREROGATIVE
72. Nothing herein contained
and nothing contained in any other enactment for the
time being in force, shall be deemed to affect in any
way or derogate from the inherent power and prerogative
of His Highness or to affect in any way his
prerogative of mercy and pardon, or his power of
remitting, commuting or reducing sentences
conditionally or otherwise.
GENERAL CONSTITUENCIES
S.
No.
(1) |
Name
of Constituency
(2) |
Extent
of Constituency
(3) |
No.
of Members
(4) |
(A)
MUSLIM |
1 |
Jammu
City Muslim |
The
City of Jammu |
1 |
2 |
Jammu
Rural Muslim |
The
wazarat of Jammu excluding Jammu City |
1 |
3 |
Udhampur
Muslim |
The
Wazarat of Udhampur |
1 |
4 |
Reasi
Muslim |
The
Wazarat of Reasi |
1 |
5 |
Kathua
Muslim |
The
Wazarat of Kathua |
1 |
6 |
Mirpur-Kotli |
The
Tehsils of Mirpur and Kotli |
1 |
7 |
Bhimber |
The
Tehsil of Bhimber |
1 |
8 |
Haveli-Mandhar |
The
Tehsils of Haveli and Mendhar, Jagir Poonch. |
1 |
9 |
Bagh
Sudhnuti |
The
Tehsils of Bagh and Sudhnuti, Jagir Poonch |
1 |
10 |
Amirakadal |
Ward
No. 1 Srinagar City |
1 |
11 |
Rainawari-Mahrajganj |
Ward
Nos. 5,6 and 8 Srinagar City. |
1 |
12 |
Fateh
Kadal - Tankipura |
Ward
Nos. 2 and 3 Srinagar City. |
1 |
13 |
Shah
Hamdan |
Ward
No. 4 Srinagar City |
1 |
14 |
Tashwan |
Ward
No. 7 Srinagar City |
1 |
15 |
Awantipur |
The
Tehsils of Srinagar excluding Srinagar City, and
Pulwama. |
1 |
16 |
Anantnag |
The
Tehsil of Anantnag |
1 |
17 |
Kulgam |
The
Tehsil of Kulgam |
1 |
18 |
Handwara |
Uttarmachipura
Tehsil |
1 |
19 |
Badgam |
Sri
Pratapsinghpura Tehsil |
1 |
20 |
Baramulla |
The
Tehsil of Baramulla |
1 |
21 |
Muzaffarabad |
The
Wazarat of Muzaffarabad |
1 |
(B)
HINDU |
22 |
Jammu
City North |
Ward
Nos. 1, 2 and 3 Jammu City |
1 |
23 |
Jammu
City South |
Ward
Nos. 4,5,6 and 7 Jammu City |
1 |
24 |
Jammu
Rural |
The
Wazarat of Jammu, excluding Jammu City |
1 |
25 |
Udhampur
Hindu |
The
Wazarat of Udhampur |
1 |
26 |
Reasi
Hindu |
The
Wazarat of Reasi |
1 |
27 |
Kathua
Hindu |
The
Wazarat of Kathua |
1 |
28 |
Mirpur
Hindu |
The
Wazarat of Mirpur |
1 |
29 |
Srinagar
South |
Ward
Nos. 1,2 and 3 Srinagar City |
1 |
30 |
Srinagar
North |
Wards
Nos. 4,5,6,7 and 8 Srinagar City |
1 |
31 |
Kashmir
Hindu |
The
Wazarats of Kashmir North, Kashmir South
(excluding Srinagar City and Muzaffarabad) |
1 |
(C)
SIKH |
32 |
Mirpur-Poonch
Sikh |
The
Wazarat of Mirpur and jagir of Poonch |
1 |
33 |
West
Kashmir Sikh |
The
Wazarat of Muzaffarabad and Tehsil
Uttarmachipura and Baramulla |
|
SPECIAL
CONSTITUENCIES |
S.
No.
(1) |
Name
of Constituency
(2) |
Extent
of Constituency
(3) |
No.
of Members
(4) |
TAZIMI
SARDARS |
1 |
Jammu
Province including Chenani and Poonch Jagirs. |
|
1 |
2 |
Kashmir
Province including Frontier Districts. |
|
1 |
(B)
JAGIRDARS, MUAFIDARS, MUKKARARIDARS
Holding a Jagir, Muafior Mukkarari from the
State on not less than Rs. 500 per annum. |
3 |
Jammu
Province including Chenani and Poonch Jagirs. |
|
1 |
4 |
Kashmir
Province including Frontier Districts. |
|
1 |
(C)
LANDHOLDERS
Owing land assessed to Land Revenue of not less
than Rs.250 per annum. |
5 |
Jammu
Province including Chenani and Poonch Jagirs. |
|
1 |
6 |
Kashmir
Province including Frontier Districts. |
|
1 |
(D)
PENSIONERS
Receiving Rs. 100 or more as persion per month. |
7 |
Jammu
and Kashmir State. |
|
1 |
AREAS
FOR WHICH MEMBERS SHALL BE NOMINATED |
S.
No.
(1) |
AREAS
(2) |
COMMUNITY
(3) |
No.
of Members
(4) |
1 |
Ladakh
Wazarat |
Buddhist |
2 |
2 |
Skardu
Tebsil |
Muslim |
1 |
3 |
Kargil
Tehsil |
Muslim |
1 |
4 |
Gilgit
Wazarat |
Muslim |
1 |
5 |
North
Kashmir Wazarat |
Muslim |
1 |
6 |
South
Kashmir Wazarat |
Muslim |
1 |
7 |
Muzaffarabad
Wazarat |
Muslim |
1 |
8 |
Jammu
Wazarat |
Hindu |
1 |
9 |
Udhampur
Wazarat |
Hindu |
1 |
10 |
Srinagar
City |
Hindu
other than Kashmari Pandit |
1 |
11 |
Poonch
Jagir |
Hindu |
1 |
12 |
Chenani
Jagir |
Hindu |
1 |
13 |
Wazarat
Jammu, Udhampur, Reasi, Kathua, Sikh Kashmir
South and Sri Pratapsinghpura |
Sikh |
1 |
|