High Court of Jammu & Kashmir
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Amendment introduced to ease swearing in of Judges to common High Court for Union Territories of J&K and Ladakh [Read Notification]

It has been notified that the judges to the common High Court would hereafter be administered the oath of office by the Lieutenant Governor of Jammu and Kashmir.

Bar & Bench

The Central Government has introduced an amendment to allow the swearing in of judges to the common High Court for the Union Territories of Jammu & Kashmir and Ladakh by the Lieutenant Governor of Jammu & Kashmir.

Section 75 of the Jammu and Kashmir Reorganisation Act, 2019 provides for a common High Court for the Union Territories of Jammu and Kashmir and that of Ladakh.

It has now been notified that when it comes to administering the oath of office to High Court judges, Articles 217, 219, 227 and 237 of the Constitution shall apply to Jammu & Kashmir and Ladakh with the following modifications:

  • 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;

  • 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.

The order passed to accommodate these changes has been dubbed the Jammu and Kashmir Reorganisation (Removal of Difficulties) Order, 2020.

It has been introduced invoking powers under sub-section (1) of Section 103 of the Jammu and Kashmir Reorganisation Act, 2019.

Read the order:

Jammu and Kashmir Reorganisation (Removal of Difficulties) Order, 2020.pdf
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The Jammu & Kashmir Reorganisation Act, 2019 was brought into force last year, effectively bifurcating the erstwhile state of Jammu and Kashmir into two Union Territories with separate legislatures i.e. the Union Territories of Jammu & Kashmir and Ladakh.

Both Union Territories, however, continue to have a common High Court.

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