MHA notifies — Jammu and Kashmir Reorganisation (Removal of Difficulties) Order, 2020

S.O. 1233(E).—WHEREAS, the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) (hereinafter referred to as the principal Act) received the assent of the President on the 9th day of August 2019 and notified in the Official Gazette on the same day;

AND WHEREAS, the 31st day of October, 2019 was notified as the appointed day for all purposes of the principal Act;

AND WHEREAS, the principal Act was enacted to provide for reorganisation of the erstwhile State of Jammu and Kashmir into Union territory of Jammu and Kashmir and Union territory of Ladakh;

AND WHEREAS, clause (a) of sub-section (1) of section 75 of the principal Act provides 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;

AND WHEREAS, article 219 of the Constitution provides that every person appointed to be a Judge of a High Court shall, before he enters upon his office, make and subscribe before the Governor of the State, or some person, appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule;

AND WHEREAS, Chapter VI of Part VI of the Constitution provides that appointment of district judges and recruitment of persons other than district judges to the judicial services shall be made by the Governor of the State in consultation with High Court exercising jurisdiction in relation to such State;

AND WHEREAS, the aforementioned difficulty has arisen in giving effect to the provisions of section 75 of the principal Act, for administering oath to the new judges being appointed to the Common High Court for the Union territory of Jammu and Kashmir and Union territory of Ladakh as the Union territory of Jammu and Kashmir is administered by a Lieutenant Governor;

NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) of section 103 of the Jammu and Kashmir Reorganisation Act, 2019, the President hereby makes the following Order, namely:-

1. Short title and commencement. – (1) This Order may be called the Jammu and Kashmir Reorganisation (Removal of Difficulties) Order, 2020.

(2) It shall come into force on the date of its publication in the Official Gazette.

2. For the removal of difficulties, it is hereby declared that the provisions of articles 217, 219, 227 and Chapter VI of Part VI of the Constitution shall, in their application to the High Court of Jammu and Kashmir for the Union territory of Jammu and Kashmir and Union territory of Ladakh, have effect subject to the following modifications, namely:-

(a) the reference in articles 217, 219 and Chapter VI of Part VI of the Constitution to ?”the Governor to the State” shall be construed as a reference to ?”the Lieutenant Governor, Union territory of Jammu and Kashmir”;

(b) the reference in proviso to clause (3) of article 227 and article 237 of the Constitution to ?”the Governor” shall be construed as a reference to ?”the Lieutenant Governor, Union territory of Jammu and Kashmir”.


Ministry of Home Affairs

[Notification dt. 31-03-2020]

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