Despite being the second senior-most state in the Northeast after Assam, Nagaland continues to be deprived of a separate High Court, a long-standing demand mandated under Article 214 of the Constitution of India, stated S Supongmeren Jamir in a press release on March 17.
Tracing the legal history of the demand, Jamir noted that Nagaland was created as the 16th state of India on December 1, 1963, under the State of Nagaland Act, 1962, which also provided for a common High Court for Assam and Nagaland under Section 13. Over time, the Gauhati High Court became the common High Court for seven states—Assam, Nagaland, Manipur, Meghalaya, Tripura, Mizoram, and Arunachal Pradesh.
A Circuit Bench in Kohima was inaugurated in 1972 and later upgraded to a Permanent Bench on February 10, 1990.
However, Jamir highlighted that Tripura, Meghalaya, and Manipur established their own High Courts in 2013, whereas Nagaland continues to remain under the jurisdiction of the Gauhati High Court. He pointed out that the Nagaland State Cabinet had approved the establishment of a separate High Court on April 8, 2021, and resolved to pursue the matter with the Government of India.
“The basic infrastructure for setting up a separate High Court is already available,” Jamir stated, citing the completed High Court complex at Meriema, which includes seven courtrooms, eight bungalows, a separate Bar Association building, and a cafeteria.
According to Jamir, establishing a separate High Court for Nagaland requires an amendment to the North-Eastern Areas (Re-organization) Act, 1971, which falls under the jurisdiction of the Ministry of Home Affairs. He pointed out that a similar amendment was carried out in 2012 to facilitate the creation of High Courts in Tripura, Meghalaya, and Manipur.
Efforts have been made by state officials to push for the amendment. “On July 7, 2021, the Secretary of the Department of Justice, Ministry of Law and Justice, Government of India, wrote to the Home Secretary, Ministry of Home Affairs, seeking action,” Jamir stated. “On the same day, the Chief Secretary of Nagaland also wrote to the Home Secretary, requesting that the amendment be taken up in Parliament for the establishment of a separate High Court.”
Despite these efforts, “the aspiration of the people of Nagaland remains a far cry,” Jamir lamented. He urged authorities to plead with the Ministry of Home Affairs to take up the issue urgently to ensure that Nagaland finally gets its long-overdue High Court.