Understanding Local Self Governance in Nagaland

4.2         (a) Magistrate/Deputy Commissioner Courts

At the district level the Deputy Commissioner is the key functionary representing the government and below him are also the magistrates in the blocks and sub divisions just like it is in almost all other states in India. What is unique about the case of Nagaland is the role and function of the Village Councils, Gaonburas (GBs) and Dobashis – and in the districts of Tuensang, Kiphire, Longleng, Mon and parts of Phek by Village Guards (VG) – in the delivery and administration of justice.

The Deputy Commissioner or his magistrates come in the picture only in instances of complex cases that the traditional authorities cannot take care of or where police cases have been registered or when there are appeals or when the government takes cognizance of certain irregularities. In applying the procedures of the civil and criminal codes, the trials are held as per the exigency of the case, with the emphasis placed on the spirit of the code rather than the technicalities. With the partial separation of judiciary14, the modern concepts and procedures of adversarial justice as laid down in the civil and criminal codes are being increasingly applied in the district courts which function as the lower courts.

(b) Dobashi Courts

Dobashis have traditionally advised government officials in settlement of cases – particularly those relating to traditional and customary matters. Over time, the Dobashis by virtue of the establishment of Dobashi Courts become adjudicators in their own right. Dobashi Courts are attached to the office of the Deputy Commissioners at all administrative strata of and disputes between villages and also between individuals are tried as per traditional norms as well as by existing laws and practices of the land. The Dobashi courts therefore are the transition courts between the codified and the ‘uncodified’ legal systems in the state. As is usual, further appeals can be made to the courts of magistrates or higher courts of law.

5.            Village Councils and their role in development

Village Councils had always taken charge of their development and management of resources but in a very traditional manner. The power bestowed upon the Village Councils to establish Village Development Boards in Nagaland dramatically changed the functions and outlook of Village Councils across the state. As socially embedded institutions Village Councils have always been people centered delivery mechanism which responded effectively to the needs of the community. Over the years, Village Councils through the Village Development Boards started to play an important role in facilitating livelihood and economic development of the community and the village as a whole.

13Senior ‘Cabinet’ members of the Putu Menden

14Article 14 (Administration of Justice) of the Nagaland Village and Area Councils Act is deleted in the Amended Act of 1985

5.1         The Village Development Boards

Village Development Board (VDB) reconciled the traditional male dominated Village Councils with the demands of modern inclusive development. A separate Village Development Board, without displacing the traditional Village Council was first experimented and adopted in Phek District, in 1976 and later in 1980-81extended to other villages across the state. As is provided for in the Nagaland Village Councils Act, it is the Village Council which forms the VDBs. All books of accounts of the VDBs are audited by an independent committee appointed by the Village Council on a regular basis.

5.1.1    Membership

All residents of the village – with equal rights to all aspects of activity including the demand for social audit – make up the General Body of the Village Development Board which meets twice a year. The Village Development Boards are expected to formulate development priorities for the village, prepare action plans and to execute them using the village community funds provided by various agencies of the government.

5.1.2    Management Committee of VDB

Depending on the population and or composition of the village, a VDB Management Committee may vary from five to twenty five members of which one-fourth must be women. The members may include members of the Village Council or any other eligible member of the community. This provision particularly provides opportunities for the active participation of the youth and women who otherwise do not get much opportunity to directly participate in planning and decision making for the community. Government servants may also be chosen as members of the Management Committee but with due permission of the government. The Deputy Commissioners (DC) are ex-officio Chairman of all Village Development Boards within their districts but do not attend meetings, interfere in the planning, execution and decision making processes. The Chairman can also not expel any member nor dissolve the Village Development Board as this is the prerogative of the concerned Village Council. However if the DC suspects some wrong doing, s/he can in a public meeting put the matter before the General Body of the Village Development Board.

Box VI: Powers and Duties of the Village Development Board

•       Formulation of Village Development Schemes;

•       Supervising proper maintenance of water supply, roads, power, forest, education and other welfare activities;

•       Helping government agencies in carrying out development works in the village;

•       Initiating development works on its own or on request by the Government;

•       Facilitate borrowing from Government, banks or financial institutions for development and welfare works;

•       Authority to receive grant-in-aid, donations and subsidies from Government or other agencies;

•       The VDB can provide security for repayment of loan by any permanent resident of the village from the Government, bank or financial institution; it can also forfeit security of borrower on default;

•       The VDB can lend money to deserving permanent residents;

•       Authority to enter into loan agreements with the Government, bank or financial institutions or a permanent resident of the village.