The Jammu and Kashmir High Court on Tuesday has directed review of the 148-year-old practise of Darbar Move stating that the practice needs to be revisited as it may not be feasible anymore.
The term “Darbar Move” is used to refer to shifting the capital of the State between the cities of Srinagar and Jammu which are the Summer capital and winter capital of the State respectively. As on date, it involves moving of 151 government departments and over 10,000 government personnel between the two capital cities.
A Division Bench of Jammu and Kashmir High Court comprising of Chief Justice Gita Mittal& Justice Rajnesh Oswal, wrote down number of reasons for discontinuation of the practise noting that the power of the Court is limited and it cannot take a final decision on the issue, thereby directing the concerned Constitutional authorities to examine and consider the feasibility the practise. The Court noted that the task to take a final call should be done by authority on whom Constitution of India has bestowed this solemn duty, and should be taken based on interest of the Union Territory of Jammu and Kashmir, the larger interest of its people and the mandate of the Constitution of India
The High Court made note of the following issues and considered the following questions with regard to the Darbar move :
Financial burden and Public welfare aspects: The government spends an amount of Rs 200 Crores in the practice of the Darbar move, with possibility of more undisclosed amount being spent. Can the Government afford to spend so much from the public exchequer to continue a practice that has no consideration of public welfare in the present era? Should this be done in a Union Territory with severe underdevelopment and people deprived of bare basics which are essential part of their fundamental right of life guaranteed under Article 21 of the Constitution of India
Not a part of the Indian Constitution: The practise does not find its source in the Constitution of India, but has continued till date despite the same.
Jeopardising the health of Citizens: Darbar move was scheduled for end of April or first week of May, was expressed. However due to COVID-19 pandemic, making the move at a time like this would jeopardise the health of several citizens including those of locals.
Whether the practice should be continued at all: The Court also considered in detail the reasons for why the practise need not be continued:
- No reasons or grounds are forthcoming for enabling and supporting considerations of administrative efficiency, legal justification or Constitutional basis for effecting the Darbar Moves
- The sensitive situation of the region.
- The original reason for the Darbar move was the weather condition which is not an issue anymore, moving for this reason is now not required.
- The transportation of important documents with sensitive information will be at risk if it is moved twice every year, with a risk to regional and national security
- Both the Kashmir and Jammu regions require uninterrupted governance round the year and this practice is unfair on the people who are deprived of the same for six months in a year.
- By use of information Technology the Secretariat and Departments at different locations, can be virtually unified into a single Secretariat with very less movement of human resources,”
- Transportation issues, traffic disruption, waste of resources, trouble to government servants required to move etc.
-India Legal Bureau