Proposal of separate High Court for Nagaland pending with MHA

July 21, 2023 21 Views No Comment

Morung Express News
Dimapur | July 21

The proposal for setting up a separate High Court for Nagaland is pending with the Union Home Ministry, the Rajya Sabha was informed on Thursday.

According to the Union Ministry of Law and Justice, the Chief Minister of Nagaland, in a letter dated June 25, 2021, conveyed the decision of the State Cabinet taken on April 7, 2021, for setting up a separate High Court for the State.
However, the proposal for setting up of High Courts for the States of North Eastern Region including Nagaland requires an amendment to the North Eastern Area (Reorganisation) Act, 1971, the Minister of State (Independent Charge) of the Ministry of Law and Justice Arjun Ram Meghwal stated in a wrtitien reply in the Upper House.

This Act is administered by the Ministry of Home Affairs (MHA), he informed.

Accordingly, the matter has been accordingly sent to the Ministry of Home Affairs, he said.

There is no proposal for separate High Court for Arunachal Pradesh and Mizoram, pending with the Government, he added.

As per the MoS, Article 214 of the Constitution of India provides for a High Court for each State.

However, such proposals require consultation with concerned State Government as the States are required to create and provide necessary infrastructure facilities and to meet the expenditure for setting up and running of the High Court, he said.

These proposals also need consultation with the concerned High Courts having territorial jurisdiction currently, added Meghwal, who is also MoS Parliamentary Affairs and Culture.

Meanwhile, he further informed that the judge strength of Guwahati High Court was increased from existing 24 to 30 judges, with appointment of at-least three Judges, each from the States of Nagaland, Mizoram and Arunachal Pradesh in view of the enhanced Judge strength of the Guwahati High Court.

The MoS was replying to a query posed by P Wilson, a Member from Tamil Nadu, regarding the on steps taken by the Law and Justice Ministry to ensure that Nagaland, Mizoram, and Arunachal Pradesh have independent High Courts.

As per its website, the Gauhati High Court Kohima Bench began with the inauguration of the Circuit Bench at the capital Kohima, on December 1, 1972. Later, it was converted into a Permanent Bench with the strength of two permanent station judges in Kohima on the February 10, 1990.

It must be noted here that there has been persistent demand for separate High Court for Nagaland from various stakeholders.

In March this year, Governor of Nagaland, La Ganesan assured “full cooperation to ensure that Nagaland gets its separate High Court within the shortest possible time” during a meeting held with the High Court Bar Association (HBA) Kohima. He said that he would take up the issue with the Union Ministry.

In addition, while the foundation stone for an independent High Court in Nagaland was laid in 2007, it is yet to be completed.

During the budget session of the Nagaland Legislative Assembly this year, Chief Minister Neiphiu Rio informed that 80-85% of the work for the construction of the High Court has been completed. He added that it has been delayed partly due to a CBI case and partly due to the outbreak of COVID-19.