Supongmeren Jamir highlighted that the Nagaland state was formed on December 1, 1963, by the State of Nagaland Act, 1962, becoming the 16th State under the Union of India, and the 2nd senior most state among the northeast states next to Assam
By Imna Longchar, TFM Nagaland Correspondent
Lone member of parliament (Lok Sabha), Nagaland, S Supongmeren Jamir, on Monday has raised the long-standing issue for the establishment of a separate High Court for the state of Nagaland in the Lok Sabha, under Rule 377 of “Rules and Procedure and Conduct of Business in Lok Sabha.”
Supongmeren Jamir highlighted that the Nagaland state was formed on December 1, 1963, by the State of Nagaland Act, 1962, becoming the 16th State under the Union of India, and the 2nd senior most state among the northeast states next to Assam.
Maintaining that Section 13 of the State of Nagaland Act provides for a common High Court for Assam and Nagaland, subsequently, the Gauhati High Court became the common High Court of Assam, Nagaland, Manipur, Meghalaya, Tripura, Mizoram, and Arunachal Pradesh in the year 1971.
In the year 1972, a Circuit Bench at Kohima was inaugurated and the said Circuit Bench was declared as Permanent Bench under the Gauhati High Court on the February 10, 1990.
He said the states of Tripura, Meghalaya, and Manipur have already established their own High Courts since 2013, however, inspite of being the second senior most state next to Assam in the North-Eastern region and provisions under Section 13 of the State of Nagaland Act, 1962, Nagaland is deprived of the benefit of having a separate High Court.
To have a separate High Court is also mandated under Article 214 of the Constitution of India.
Jamir mentioned that on April 8, 2021, the State Cabinet has approved for setting up of a separate High Court for the State of Nagaland and has decided to pursue with the Government of India for setting up of a separate High Court for the State of Nagaland.
The basic infrastructure for setting up of separate High Court for the State of Nagaland is already available with the completion of the new High Court building complex at Meriema with seven (7) Courtrooms and eight (8) separate Bungalows along with other infrastructures like separate building for High Court Bar Association and cafeteria, etc.
For setting up of a High Court for the State of Nagaland, it would require an amendment of the North-Eastern Areas (Re-organization) Act, 1971. A similar exercise was done in the year 2012 for the creation of separate High Courts in the States of Tripura, Meghalaya and Manipur. The subject matter of the amendment of the North-Eastern Areas (Re- organization) Act, 1971 falls within the purview of the Ministry of Home Affairs. Therefore, necessary steps for the amendment of the said Act should be taken up by the Ministry of Home Affairs.
Also in the same year, on July 7, 2021, Secretary, Department of Justice, Ministry of Law and Justice, Government of India, had written a letter to the Home Secretary, Ministry of Home Affairs, Government of India, New Delhi, and again, on the same day i.e., 07/07/2021, the Chief Secretary to the Government of Nagaland had also written a letter to the Home Secretary, Ministry of Home Affairs, Government of India, requesting him to take necessary action for amendment of North Eastern Areas (Reorganization) Act, 1971 to be taken up during the Parliament session for the establishment of a separate High Court for the Government of Nagaland. However, the aspiration of the people of Nagaland remains a far cry.
Supongmeren Jamir further requested the chair to kindly plead to the ministry of home affairs, GoI, to take up the issue urgently.