HC Quashes J&K Judicial Appointment

A recent SC judgment in the matter of Jammu & Kashmir High Court Advocates' Association vs State of Jammu & Kashmir (2024) held that the appointment of a judicial officer cannot be challenged without an opportunity of hearing, as mandated by Article 222 of the Constitution (Administrative Tribunals Act, 1985, Section 11). This aligns with the principle of audi alteram partem – "hear the other side" – which is a fundamental aspect of natural justice. Section 11(1) of the Administrative Tribunals Act stipulates that a person against whom an action is proposed to be initiated should be given a reasonable opportunity of being heard. The SC's decision underscores the importance of fair procedure in administrative actions, especially in the appointment of public officials.