President Murmu Promulgates Regulation for High Court Bench in Union Territory

Leh, India Aug 28, 2026 ALN: In a significant move aimed at bringing the High Court closer to litigants in the Union Territory, President Droupadi Murmu has promulgated a regulation enabling the High Court of Jammu and Kashmir to hold sittings in the Union Territory. This development is expected to facilitate access to justice for residents of the Union Territory, who have previously faced challenges in reaching the High Court located outside their immediate vicinity.

The Union Territory of (Sitting of Bench of the High Court of Jammu and Kashmir, and in) Regulation, 2026, was promulgated on August 27 under Article 240 of the Constitution, read with Section 58(2) of the Jammu and Kashmir Reorganisation Act, 2019. The reorganisation of Jammu and Kashmir into two Union Territories—Jammu & Kashmir and —was a significant political and administrative change in the region, aimed at improving governance and ensuring better delivery of services to the local population.

This regulation provides the legal framework for a bench of the common High Court to sit in the Union Territory. It states that the Judges and Division Courts of the High Court may sit at a place in the Union Territory as may be appointed by the Chief Justice, with the approval of the Lieutenant Governor. This flexibility allows for the establishment of temporary or permanent benches in various locations within the Union Territory, which can be crucial for addressing the geographical and logistical challenges faced by litigants.

At the same time, the regulation keeps the existing principal seat of the High Court unchanged. This means that while there will be additional sittings in the Union Territory, the central operations of the High Court will continue to be based in its traditional locations of Srinagar and Jammu. The regulation also empowers the Chief Justice to direct that any case or class of cases arising in the Union Territory may instead be heard at Srinagar or Jammu, further enhancing the adaptability of the judicial process to meet local needs.

The President has exercised a specific constitutional power under Article 240, which authorises the President to make regulations for the peace, progress, and good government of certain Union Territories. The Jammu and Kashmir Reorganisation Act, 2019, read with Article 240, provides the constitutional and statutory basis for such regulations in relation to the Union Territory. This legal framework is particularly important because it underscores the central government's commitment to ensuring that the judicial system is accessible to all citizens, regardless of their location.

Unlike a presidential ordinance under Article 123, the power under Article 240 is not conditioned on Parliament being in recess. Legal sources point out that there is, therefore, no requirement that Parliament must first be prorogued before the President can promulgate a regulation under Article 240. This distinction highlights the flexibility and immediacy with which the executive branch can respond to pressing governance issues in the Union Territory.

Furthermore, the notification provides that the regulation will come into force on a date to be specified by the Administrator of the Union Territory through a notification in the Official Gazette. This allows for a structured implementation of the regulation, ensuring that all necessary arrangements are made before the new provisions take effect.

The establishment of a High Court bench in the Union Territory is expected to have wide-ranging implications for the legal landscape in the region. It can potentially reduce the backlog of cases by allowing for more efficient handling of local matters, thereby enhancing the overall efficacy of the judicial system. Additionally, it may encourage more residents to seek legal recourse, knowing that they can access the court system without the burden of long travel distances.

This development comes at a time when the region has been undergoing significant changes in governance and administration since its reorganisation in 2019. The creation of Union Territories was aimed at providing more direct control by the central government and addressing issues that had long plagued the region, such as political instability and inadequate infrastructure. By promoting judicial accessibility, the government appears to be making strides towards improving the rule of law and fostering a sense of security among the residents.

Moreover, the regulation reflects a broader trend in India towards decentralising judicial authority and making legal processes more accessible to citizens in remote areas. Similar initiatives have been seen in other parts of the country, where local courts and benches have been established to cater to the needs of specific populations. This approach not only alleviates the burden on higher courts but also empowers local communities by providing them with the means to resolve disputes more effectively.

In conclusion, the promulgation of the regulation for a High Court bench in the Union Territory is a pivotal step towards enhancing judicial accessibility and efficiency. As the implementation date approaches, it will be crucial for the government and the judiciary to ensure that the necessary infrastructure and resources are in place to support this initiative, ultimately aiming to deliver justice to the people of Jammu and Kashmir in a timely and effective manner.