Jammu and Kashmir tries to stop judges pay hike

The Jammu and Kashmir government recently invoked Article 370 against its own judges. The state government cited special status under Article 370 of the Constitution to unsuccessfully resist a Supreme Court order directing implementation of the recommendations in the Justice Padmanabhan Committee report on salary hike for judges.

It argued that the Jammu and Kashmir Constitution governs judicial services in the state. Though Article 370 makes most central laws inapplicable to the state, when it comes to deciding the rights of individuals vis- a- vis the state, the provisions of law have more often than not been interpreted in favour of the rights of individuals.

Rejecting a claim for immunity, the National Human Rights Commission recently held that it had the jurisdiction to look into human rights violations committed by state officials or police if their acts fell outside the ambit of the law.