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Issues Involved:
1. Jurisdiction of Jammu and Kashmir High Court under Article 32(2A) to issue writs against the Union of India. 2. Interpretation of "authority" and "Government" within the context of Article 226 and Article 32(2A) of the Constitution. 3. Applicability of the concept of cause of action in determining jurisdiction under Article 226. Detailed Analysis: 1. Jurisdiction of Jammu and Kashmir High Court under Article 32(2A) to issue writs against the Union of India: The appellant, holding a commission in the Jammu and Kashmir State Forces, challenged his premature retirement by the Government of India, alleging it was discriminatory and violated Article 16(1) of the Constitution. The Jammu and Kashmir High Court dismissed the petition on the grounds that it lacked jurisdiction to issue a writ against the Union of India, which was located outside its territorial limits. This decision was based on precedents from the Supreme Court, specifically the cases of Election Commission, India v. Saka Venkata Subba Rao ([1953] S.C.R. 1144) and K. S. Rashid and Son v. The Income-tax Investigation Commission ([1954] S.C.R. 738), which held that the High Court's writs could not extend beyond their territorial jurisdiction. 2. Interpretation of "authority" and "Government" within the context of Article 226 and Article 32(2A) of the Constitution: The appellant argued that the term "authority" in Article 226 includes the Government, and the Government of India, functioning throughout the Union territory, should be amenable to the jurisdiction of any High Court where the cause of action arose. The Solicitor-General contended that the term "authority" as interpreted in previous cases applied equally to the Government, meaning the High Court could only issue writs to authorities or persons within its territorial limits. The Supreme Court reaffirmed its earlier stance, stating that the term "authority" includes the Government only in appropriate cases and that writs must be directed to someone within the High Court's territorial jurisdiction. 3. Applicability of the concept of cause of action in determining jurisdiction under Article 226: The appellant sought to introduce the concept of cause of action to determine the jurisdiction of the High Court under Article 226, arguing that the Government of India, functioning throughout the Union, should be amenable to the jurisdiction of the High Court where the cause of action arose. The Supreme Court, however, rejected this argument, reiterating its position from previous judgments that the jurisdiction under Article 226 does not depend on where the cause of action arose but on the presence of the person or authority within the territorial limits of the High Court. Separate Judgments: - Subba Rao, J.: Dissented, arguing that the interpretation limiting the High Court's jurisdiction to issue writs against the Union Government to its location in Delhi would deprive citizens of an effective remedy against the Union Government. He emphasized that the Union Government functions throughout India and should be considered "within" the territory of any State for the purposes of Article 32(2A). - Das Gupta, J.: Agreed with the majority but provided additional reasoning, stating that the Government of India functions throughout the Union territory and should be considered within the jurisdiction of every High Court. However, he concluded that only the High Court within whose jurisdiction the act or omission occurred should have the power to issue a writ against the Union Government. Conclusion: The Supreme Court, by a majority, upheld the decision of the Jammu and Kashmir High Court, dismissing the appeal and affirming that the High Court did not have jurisdiction to issue a writ against the Union of India, which was located outside its territorial limits. The Court reiterated that the jurisdiction under Article 226 is determined by the presence of the person or authority within the territorial limits of the High Court and not by the cause of action.
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