Police, law and order to be under Centre in new UT of JK, land under elected govt
New Delhi: The Centre will be in direct control of the police and the law and order in Jammu and Kashmir from Thursday when it becomes a Union Territory, while the land will be under the elected government there.
According to the Jammu and Kashmir Reorganisation Act, 2019, the land -- the rights in or over it -- will be with the elected government of the Union Territory (UT) of Jammu and Kashmir, unlike in Delhi where the LG exercises control through the Delhi Development Authority (DDA), a central government entity.
The Act says the Legislative Assembly of the UT of Jammu and Kashmir may make laws for the whole or any part of the union territory with respect to any of the matters enumerated in the state list of the Constitution except the subjects mentioned in entries one and two -- 'public order' and 'police' respectively -- or the Concurrent List in the Seventh Schedule of the Constitution.
Police, and law and order in Delhi and Puducherry, both of which have their own legislative assembly, is controlled by the Centre through the Lieutenant Governor (LG).
All India Services like the Indian Administrative Service (IAS) and the Indian Police Service (IPS), and the Anti-Corruption Bureau (ACB) will be under the control of the LG and not the elected government of the UT of Jammu and Kashmir.
The services and the ACB have been among the key reasons for frequent tussle between the Arvind Kejriwal-led Delhi government and the Lieutenant Governor.
The Jammu and Kashmir Reorganisation Act says matters related to land, that is to say rights in or over it, land tenures, transfer and alienation of agricultural land, land improvement and agricultural loans will be under the domain of the elected government of the UT of Jammu and Kashmir.
Land revenue, including the assessment and collection, maintenance of land records, survey for revenue purposes and records of rights, and alienation of revenues will also come under the purview of the elected government of UT of Jammu and Kashmir.
Police, law and order, and land in the UT of Ladakh will be under the direct control of its LG, through whom the Centre will administer the high-altitude region. According to the Act, Ladakh will not have a legislative assembly.
On and from the appointed day, that is October 31, when the two new UTs will come into existence, the High Court of Jammu and Kashmir shall be the common high court for the UTs of Jammu and Kashmir, and Ladakh. The judges of the high court of J-K will become the judges of the common high court from Thursday.
The Act says the cadres of the IAS and IPS for the existing state of Jammu and Kashmir, on and from the appointed day, shall continue to function on the existing cadres.
However in future, the all India service officers to be posted to UTs of Jammu and Kashmir or Ladakh shall be borne on the Arunachal Pradesh, Goa, Mizoram and Union Territory cadre, more popularly known as UT cadre.
The total strength of the UT of Jammu and Kashmir assembly is 107 elected MLAs, which will be enhanced to 114 after delimitation. Twenty-four seats of the Assembly will continue to remain vacant as they fall under Pakistan-occupied Kashmir
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CJI calls for 'unified judicial policy', use of technology to converge practices across courts
Jaisalmer (PTI): Pushing for a "unified judicial policy", Chief Justice of India Surya Kant on Saturday said technology can help align standards and practices across courts, creating a "seamless experience" for citizens, regardless of their location.
He said high courts -- due to the federal structure -- have had their own practices and technological capacities, and "regional barriers" can be broken down with technology to create a more unified judicial ecosystem.
Delivering the keynote address at the West Zone Regional Conference in Jaisalmer, Kant proposed the idea of a "national judicial ecosystem" and called for an overhaul of India's judicial system with the integration of technology.
"Today, as technology reduces geographical barriers and enables convergence, it invites us to think of justice not as regional systems operating in parallel, but as one national ecosystem with shared standards, seamless interfaces, and coordinated goals," he said.
He emphasised how the role of technology in the judiciary has evolved over time.
"Technology is no longer merely an administrative convenience. It has evolved into a constitutional instrument that strengthens equality before the law, expands access to justice, and enhances institutional efficiency," he said, highlighting how digital tools can bridge gaps in the judicial system.
Kant pointed out that technology enables the judiciary to overcome the limitations of physical distance and bureaucratic hurdles.
"It allows the judiciary to transcend physical barriers and bureaucratic rigidities to deliver outcomes that are timely, transparent and principled," he said, adding that the effective use of technology can modernise the delivery of justice and make it more accessible to citizens across the country.
The CJI called for implementing a "unified judicial policy".
He said India's judicial system has long been shaped by its federal structure, and different high courts have their own practices and technological capacities.
"India's vast diversity has led to different high courts evolving their own practices, administrative priorities and technological capacities. This variation, though natural in a federal democracy, has resulted in uneven experiences for litigants across the country," he said.
Kant underscored that predictability is crucial for building trust in the judicial system.
"A core expectation citizens place upon the courts is predictability," he said, adding that citizens should not only expect fair treatment but also consistency in how cases are handled across the country.
He pointed to the potential of technology in improving predictability.
"Technology enables us to track systemic delays and make problems visible rather than concealed," he said.
By identifying areas where delays occur, such as in bail matters or cases involving certain types of disputes, courts can take targeted action to address these issues and improve efficiency, Kant said.
The CJI explained that data-driven tools could identify the reasons behind delays or bottlenecks, allowing for faster, more focused solutions.
"Technology enables prioritisation by flagging sensitive case categories, monitoring pendency in real time and ensuring transparent listing protocols," he said.
Justice Surya Kant also discussed the importance of prioritising urgent cases where delays could result in significant harm. He highlighted his recent administrative order that ensures urgent cases, such as bail petitions or habeas corpus cases, are listed within two days of curing defects.
"Where delay causes deep harm, the system must respond with urgency," he stated, explaining that technology can help courts identify and expedite such cases.
Kant also raised the issue of the clarity of judicial decisions.
He noted that many litigants, despite winning cases, often struggle to understand the terms of their judgment due to complex legal language.
"Although the orders had gone in their favour, they remained unsure of what relief they had actually secured because the language was too technical, vague or evasive to understand," he said.
He advocated for more uniformity in how judgments are written.
"A unified judicial approach must therefore extend to how we communicate outcomes," he said.
The CJI also discussed the role of AI and digital tools in improving case management. He pointed to the potential of AI-based research assistants and digital case management systems to streamline judicial processes.
"Emerging technological tools are now capable of performing once-unthinkable functions. They can highlight missing precedent references, cluster similar legal questions, and simplify factual narration," he said, explaining how these technologies can help judges make more consistent decisions.
He also highlighted tools like the National Judicial Data Grid and e-courts, which are already helping to standardise processes like case filings and tracking.
Kant reiterated that the integration of technology into the judicial process is not just about improving efficiency but about upholding the integrity of the system and strengthening public trust.
"The measure of innovation is not the complexity of the software we deploy, but the simplicity with which a citizen understands the outcome of their case and believes that justice has been served," he said.
