The Kohima Bench of the Gauhati High Court inaugurated as a Circuit Bench on December 1, 1972, marked a significant milestone in Nagaland’s judicial history. Inaugurated in the presence of then Chief Minister Dr Hokishe Sema and prominent legal figures such as Justice M.C. Pathak, Justice Sarma, and Advocate General S.K. Gosh, the event was heralded as a leap forward for the state’s legal landscape.
Decades later, however, Nagaland’s aspiration for a separate High Court remains unfulfilled, despite repeated appeals from the legal fraternity and public alike.
Parliamentary Committee advocates for the High Court
Earlier this year, the Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law, and Justice, Rajya Sabha, recommended the establishment of a separate High Court for Nagaland. The suggestion was part of the Committee’s 141st Report, presented to Parliament on February 7, 2023, which focused on “Judicial Infrastructure in the North-Eastern States of India.”
The Committee highlighted the critical need for state-specific judicial infrastructure, noting that access to justice is a fundamental function of governance. According to the report, the northeastern region, characterised by geographical challenges and diverse cultures, faces unique difficulties in delivering timely justice.
To better understand the situation, the Committee visited several northeastern states, including Nagaland, and engaged with stakeholders such as Chief Justices, Bar members, and state officials in January 2023. Among the key issues identified in the region were: severe space constraints in courtrooms; inadequate digital infrastructure and poor internet connectivity, hindering virtual proceedings; security concerns for court premises, judicial officers, and lawyers; and insufficient basic facilities like water supply, fire safety measures, lifts, and separate toilets for men and women.
Judicial infrastructure and manpower: Nagaland’s status
Since 1993-94, Nagaland has received Rs 132.86 crore under the Centrally Sponsored Scheme for the Development of Infrastructure Facilities for the Judiciary, the Committee report stated. However, as of April 10, 2023, Rs 4.09 crore remains unspent. No funds were allocated for 2022-23 due to the pending balance.
The state has a sanctioned strength of 34 judicial manpower, with 24 working strength, leaving a vacancy rate of 29.4%. As for the court halls, 21 are owned by the judiciary, nine are owned by the state/centre, and 12 are under construction ((Nyaya Vikas). Residential Units include 17 owned by the judiciary, 22 by the state/centre, and two under construction (Nyaya Vikas).
Kohima Bar Association’s plea
During the Committee’s visit to Kohima, the Kohima Bar Association reiterated the need for a separate High Court. The Bar President pointed out that states like Tripura, Meghalaya, and Manipur, under the Gauhati High Court’s jurisdiction until 1971, now have their own High Courts. In contrast, Nagaland, under Gauhati High Court since 1963, remains without one.
The Committee agreed that the demand has merit and urged the Ministry of Law and Justice to coordinate with the Ministry of Home Affairs to expedite the process.
During the Platinum Jubilee celebration of the Gauhati High Court in 2022, Justice Kakheto Sema also reiterated the necessity of a separate High Court for Nagaland. The judge had then stated Article 214 of the Constitution of India which envisages a High Court for each state.
Speaking to EastMojo, Advocate M Kiewhuo shared the importance of a separate High Court for Nagaland, stating, “If Nagaland gets its own High Court, it will open up employment opportunities for our local populace.” He emphasised the need for local representation in the judiciary, saying, “More Naga judges will have the opportunity for elevation, ensuring that key decisions on customs and traditional laws are made by those who truly understand them.”
Highlighting the challenges of relying on external judges, Kiewhuo remarked, “Judges from outside often lack in-depth knowledge of our customary laws, which can lead to decisions that don’t align with our traditions.”
He further added, “Currently, for any major legal move, we have to approach the principal bench in Gauhati. With a High Court in Nagaland, all appeals and extraordinary cases will be handled here, easing the burden on our people.”
Kiewhuo also emphasised the judicial impact on state governance, noting, “Every policy or decision of the state government, if challenged, can be reviewed by our own High Court. In such cases, public emotions and sentiments play an important role, and a local judiciary will be better positioned to understand and consider them.”
A long journey of judicial growth
The Gauhati High Court emerged from the High Court of Assam when on September 9, 1947, the Assam Legislative Assembly adopted a resolution that a High Court be established for the Province of Assam following which the Governor General of India promulgated on March 1, 1948, the Assam High Court Order, 1948, establishing the High Court of Assam with effect from April 5, 1948, for the then Province of Assam.
The Kohima Bench of the Gauhati High Court was inaugurated for the first time as a Circuit Bench on December 15, 1972.
Later, the President of India after consultation with the Chief Justice of the Gauhati High Court, acting through the Governor of Nagaland declared a Permanent Bench with the strength of two permanent station Judges at Kohima.
The Permanent Bench known as the Kohima Bench was subsequently inaugurated by Justice Sabyasachi Mukherji, the then Chief Justice of India on February 10, 1990. This was seen as a step towards establishing an independent High Court for Nagaland.
In 2007, the foundation stone for a new High Court complex at Meriema, near Kohima, was laid by Justice K.G. Balakrishnan, then Chief Justice of India. Chief Minister Neiphiu Rio and Justice Jasti Chelameswar, then Chief Justice of the Gauhati High Court, were also present.
However, the project has faced numerous delays and financial hurdles. Official data accessed by EastMojo revealed that the total projected cost of the High Court complex is Rs 541.8 crore, of which only Rs 162.78 crore has been allocated. Despite 60% of the construction done, Rs 379 crore is still required to finish the project.
Successive governments in Nagaland have actively sought funding from the Centre, submitting multiple proposals to ministries, including the Ministry of Law and Justice. Despite these efforts, responses have often suggested alternative funding mechanisms without concrete results.
In 2023, the State Level Empowered Committee (SLEC) prioritised the project under the PM-DevINE scheme, earmarking Rs 300 crore. However, the funds remain inaccessible to date.
Last month, Union Minister of State for Law and Justice, Arjun Ram Meghwal visited the ongoing HC complex and assured that during the winter Parliamentary session, a meeting will be convened with the Secretary of Justice and the Secretary of Expenditure from the Finance Department to resolve these issues.
Meghwal also assured that the necessary funds would be provided to complete the construction of the High Court building, including clearing the pending bills owed to the contractor.
While the state continues to push for a separate High Court, the question remains: Will the Centre finally address this long-standing demand?
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