In Brief
The Supreme Court held that it possesses constitutional power under Articles 32 and 142 to transfer civil and criminal cases to or from the State of Jammu and Kashmir, even though the Code of Civil Procedure and Code of Criminal Procedure do not apply to that State and the State codes lack transfer provisions. Access to justice is a fundamental right under Article 21, comprising effective adjudication, geographical accessibility, speedy process, and affordability. The Court rejected arguments that statutory silence constitutes prohibition. The Constitution Bench concluded that where transfer is necessary to prevent denial of access to justice, the Supreme Court may exercise this power as part of its constitutional authority to do complete justice, particularly under Article 142.
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