President Promulgates Regulation Allowing Ladakh Bench For J&K&L High Court

Why in News? 

President Droupadi Murmu has promulgated a regulation providing for the establishment of a sitting Bench of the High Court of Jammu and Kashmir and Ladakh in the Union Territory of Ladakh. The regulation, notified by the Ministry of Law and Justice on August 27, 2026, is aimed at facilitating the functioning of the common High Court in Ladakh. 

What was the Background of the Regulation? 

• The Union Territory of Ladakh (Sitting of Bench of the High Court of Jammu and Kashmir, and Ladakh in Ladakh) Regulation, 2026, has been promulgated under Article 240 of the Constitution, read with Section 58(2) of the Jammu and Kashmir Reorganisation Act, 2019. 
• The regulation follows the reorganisation of Jammu and Kashmir in 2019, under which Ladakh became a separate Union Territory while continuing to share the High Court of Jammu and Kashmir and Ladakh with the Union Territory of Jammu and Kashmir. 
• Until now, there was no arrangement enabling the common High Court to sit within Ladakh itself, notwithstanding Ladakh's separate Union Territory status. 

What are the Key Provisions of the Regulation? 

• On the Principal Seat of the High Court: 
  The principal seat of the common High Court will continue to remain at the same place where the principal seat of the High Court of Jammu and Kashmir and Ladakh was located immediately before the regulation comes into force. 
• On the Sitting of Judges in Ladakh: 
  The regulation enables Judges and Division Courts of the High Court to sit at a place or places within the Union Territory of Ladakh. Such arrangements may be made by the Chief Justice, with the approval of the Lieutenant Governor of Ladakh. 
• On the Chief Justice's Discretion Over Case Allocation: 
  The regulation gives the Chief Justice discretion to direct that any case or class of cases arising in Ladakh be heard at Srinagar or Jammu instead, depending on the circumstances. 
• On Territorial Extent and Commencement: 
  The regulation will extend to the whole of the Union Territory of Ladakh and will come into force on a date to be appointed by the Administrator of Ladakh through a notification in the Official Gazette. 

What is Article 240 of the Constitution of India? 

Background & Purpose: 

• Article 240 confers upon the President the power to frame regulations for the peace, progress, and good government of specified Union Territories. Such regulations carry the same force and effect as an Act of Parliament and may amend or repeal existing parliamentary legislation applicable to the territory concerned. The provision is intended to ensure effective and centralised administration in Union Territories that lack a full-fledged legislature, or where Parliament considers a centralised mechanism more suitable. 

Union Territories Covered Under Article 240(1): 

• Andaman and Nicobar Islands 
• Lakshadweep 
• Dadra and Nagar Haveli and Daman and Diu 
• Puducherry (only until its legislature constituted under Article 239A becomes functional) 
• Ladakh, following its constitution as a Union Territory under the Jammu and Kashmir Reorganisation Act, 2019 

Key Features: 

• Regulations under Article 240 may be made only when the concerned Union Territory's legislative Assembly, if any, is dissolved or its functioning is suspended, or where no legislature exists. 
• Such regulations enjoy the same status as an Act of Parliament and can supersede or modify existing central or state laws extended to that territory. 
• The mechanism allows for expeditious law-making without the delay involved in the ordinary parliamentary legislative process. 
• It ensures administrative and legal continuity in Union Territories, particularly those that are newly formed, strategically sensitive, or lack developed political institutions. 

Significance: 

• Provides a constitutional mechanism for governance of Union Territories that do not have full legislative structures. 
• Enables swift executive-cum-legislative action without dependence on the ordinary parliamentary calendar. 
• Ensures stability of administration in newly integrated or newly created Union Territories. 
• Permits regulations to override or amend parliamentary law where required for effective local governance. 
• Assumes added importance in Union Territories with strategic or security considerations, such as Ladakh. 

Amendments to the Scope of Article 240: 

• Constitution (Tenth Amendment) Act, 1961: Brought Dadra and Nagar Haveli within the scope of Article 240 following its integration into the Indian Union. 
• Constitution (Twelfth Amendment) Act, 1962: Extended Article 240 to Goa, Daman and Diu after their liberation and merger with India.