‘J&K Civil Courts (Amendment) Bill’ aims at defining pecuniary, territorial jurisdictions: CM Omar

Jammu, Mar 28: The Jammu and Kashmir Legislative Assembly on Saturday passed three significant Bills viz., “Jammu and Kashmir Civil Courts (Amendment) Bill, 2026”, “The Jammu and Kashmir Eliminating Discrimination against Persons Affected by Leprosy Bill, 2026” and “The Jammu and Kashmir Jan Vishwas (Amendment of Provisions) Bill, 2026”, through voice vote.

The Bills were moved by Chief Minister Omar Abdullah and were subsequently put to vote by Speaker Abdul Rahim Rather, who presented bills before the House for passage.

While responding to the points raised by MLAs Mir Saifullah, Nizamu-ud-Din Bhat and Balwant Singh Mankotia, who had moved amendments, the Chief Minister stated that “The Jammu and Kashmir Civil Courts (Amendment) Bill, 2026” has been brought to align the nomenclature of Munsiffs and Subordinate Judge with Civil Judge (Junior Division) and Civil Judge (Senior Division) as it exists in other States and Union Territories. Besides the pecuniary Jurisdiction of Munsiffs has also been proposed to be Rs 10 lakh to ease pressure on the higher courts and streamline the administration of justice.”

As per the statement of objects and reasons, “The Jammu and Kashmir Civil Courts Act, (Svt) 1977” was enacted to consolidate and amend the laws relating to the civil courts in Jammu and Kashmir, thereby streamlining the administration of justice and establishing a formal hierarchy and structure for the subordinate judiciary.

The Act formally established a structured hierarchy of civil courts below the High Court, including the District Court (principal Civil Court of original jurisdiction), Court of Additional Judge, Court of Subordinate Judge, and Court of Munsiff. It also defines the pecuniary (monetary) and territorial jurisdiction of these various courts, including the original and appellate jurisdictions of the District Judges and the High Court.

“The nomenclature of Munsiffs and Subordinate Judge only exists in Jammu and Kashmir, whereas in other States and Union Territories, the expression Civil Judge (Junior Division) and Civil Judge (Senior Division) is being used for Munsiffs and Subordinate Judges. More so, the pecuniary jurisdiction of Munsiffs is fixed as Rs 15,000 under section 21 (2) of the said Act, which is very low. It is in this context High Court of Jammu and Kashmir and Ladakh with Full Court recommendation proposed amendments to align the nomenclature of Munsiffs and Subordinate Judge with Civil Judge (Junior. Division) and Civil Judge (Senior Division) as it exists in other States and Union Territories. Besides, the pecuniary jurisdiction of Munsiffs has also been proposed to be Rs 10 lakh,” CM Omar explained.

“The Jammu and Kashmir Eliminating Discrimination against Persons Affected by Leprosy Bill, 2026”, passed by the House, aimed at eliminating discrimination against persons affected by leprosy.

As per the statement of objects and reason, the Supreme Court of India, in its judgment dated May 7, 2025 passed in WPC No 83/2010 titled Federation of Lepy. Organ. (FOLO) & anr Vs. Union of India & Ors inter alia, directed the Chief Secretary and Law Secretary of all the States and Union Territories to constitute a three member committee headed by an Officer in the rank of Principal District Judge to undertake identification and removal of discriminatory references to leprosy-affected or cured persons in all State Laws, Rules, Regulations and subordinate legislation and accordingly make recommendation to the Government for making suitable amendment in all the statutes.

In compliance with the Supreme Court’s order dated May 7, 2025, vide Government Order No. 6733-JK(LD) of 2025 dated June 5, 2025, a Committee was constituted to identify discriminatory provisions and propose amendments. The Committee vide its report dated July 23, 2025 recommended for amendments in the Jammu and Kashmir Shri Amarnath Ji Shrine Act, 2000, the Jammu and Kashmir Shri Mata Vaishno Devi Shrine Act, 1988 , the Jammu and Kashmir Shri Shiv Khori Shrine Act, 2008, the Jammu and Kashmir Shri Mata Sukhrala Devi Ji and Shri Mata Bala Sundari Shrine Act, 2013 and the Jammu and Kashmir Fire Force Regulations and Recruitment Rules, 1990 which are presently in force in the Union Territory of Jammu and Kashmir by removing or omitting the identified provisions.

The committee also noted that a discriminatory reference of leprosy also exists in the Jammu and Kashmir Prevention of Beggary Act, 1960.

However, the said Act has been struck down by the Division Bench of High Court of Jammu and Kashmir and Ladakh in its Judgment dated October 25, 2019 passed in PIL 24/2018 titled Suhail Rashid Bhat Vs State of J&K and Ors which criminalize begging as being unconstitutional. Accordingly, the committee also recommended repeal of the said Act.

“The proposed Bill seeks to amend certain existing enactments of the Union Territory of Jammu and Kashmir which contain provisions that discriminate against persons affected by leprosy. The Bill would ensure compliance with the Supreme Court’s directions and uphold the dignity and equality of persons affected by the Leprosy disease,” the Chief Minister responded while asking the MLAs to withdraw amendments.

‘J&K Jan Vishwas (Amendment of Provisions) Bill, 2026’ passed by the House, aimed at amending certain enactments to decriminalise and rationalise minor offences, thereby promoting trust-based governance and improving ease of living and doing business in Jammu and Kashmir.

As per statement of objects and reasons, in order to align the legal framework of the Union Territory of Jammu and Kashmir with the national initiative on decriminalization of minor offences viz. the Jan Vishwas (Amendment of Provisions) Act, 2023 enacted by the Parliament, the Jammu and Kashmir Jan Vishwas (Amendment of Provisions) Ordinance, 2025 (Ordinance No. 1 of 2025) was promulgated by the Lieutenant Governor on December 16, 2025 in terms of section 52 of the Jammu and Kashmir Reorganisation Act, 2019 to achieve the object of Ease of Doing Business and Ease of Living.

“Section 52 (2)(a) of the J&K Reorganisation Act, 2019 deals with Promulgation of Ordinance by the Lieutenant Governor also provides that an Ordinance promulgated under this section shall have the same force and effect as an Act of the Legislative Assembly assented by the Lieutenant Governor, but every such Ordinance shall be laid before the Legislative Assembly and shall cease to operate at the expiration of six weeks from the re-assembly of the Legislative Assembly. The ordinance will expire at expiration of six weeks from the re-assembly. Therefore, it was expedient to replace the said Ordinance by an Act of the Legislature,” it added.

The bills were passed with voice vote after MLAs withdrew their amendments.