Tuesday, August 16, 2022

Separate High Court a necessity

In the glorious identity of an independent judiciary, rule of Law is Supreme. The Constitution of India was enacted on 26th of January 1950. Article 3 of the Constitution empowers for formation of new States.
It is the source of the State of Nagaland Act, 1962 which was enacted on 4th of September, 1962 giving effect to the embryo of the State of Nagaland as the 16th state in the Union of India on 1st of December, 1963. Article 214 of the Constitution also provides that there shall be a High Court for every State.
A quintessential State is when three pillars viz., Legislative, Executive and Judiciary are established to the extent of maturity.
However, it is disheartening to state that Nagaland even after attainment of 58 years of its Statehood is lacking behind with the rest of the States in the Union of India even in the legal field.
Evidently, the most distinguished requirement at hand is the Separate High Court for the State of Nagaland.
Since Statehood, Nagaland has been functioning under the jurisdiction of Gauhati High Court with the inauguration of the Circuit Bench at Kohima on 1.12.1972. Subsequently, on 10.2.1990, to further the cause, a Permanent Bench known as the Gauhati High Court Kohima Bench was inaugurated by the then Chief Justice of India Hon’ble Mr. Justice Subyasachi Mukherji. It is astoundingly humbling and gratifying to acknowledge the fact that Nagaland has introduced many imminent legal personalities ascending to the extent of being the Judge of the Supreme Court of India, Hon’ble Mr. Justice H.K. Sema.
With utmost regard to the guardianship of the Hon’ble Gauhati High Court, it is further acknowledged that a separate fully fledged High Court is the need of the hour. Nagaland as a State is incomplete without a Separate High Court of its own and it should not be further procrastinated.
As such, it is to be understood that establishing a separate High Court would not only serve and benefit the State in general and the public/citizens in particular but would also be an ultimate representation of the governance of the Rule of Law.
As for any given society or State to emerge and evolve prosperously, Rule of Law has to be prioritized.
The notion of a more vibrant and stronger Nagaland can only be attained at the cost of fulfilling this requirement. It is only then a new dawn on Nagaland will be witnessed.
The cardinal point of note is that without a separate High Court, the State of Nagaland is being deprived of its Constitutional status amongst the equals. It is absolutely disheartening to acknowledge that the Foundation Stone for the construction of the Nagaland High Court which was laid on 21.5.2007 by the then Chief Justice of India Mr. Justice K.G. Balakrishnan is nowhere near completion. While on the contrary, the Foundation Stone which was laid down on 30.4.2006 for the construction of Manipur High Court was inaugurated on 25.3.2013.
During such deprivation, the visit at the construction site of the Nagaland High Court for status review by our Hon’ble Governor Mr. Prof. Jagdish Mukhi is highly appreciated. His Excellency’s concern speaks volume and it will not be wrong to admit and apprehend that such addressal from all the competent authorities shall surely pave way for speedy accomplishment.
Fifty-Eight years and counting since statehood but the vision of our pioneers of a vibrant, vigilant and vigorous Nagaland is still unattained.
Therefore, the Concerned Authorities are further ardently encouraged to embrace the necessity of a separate High Court and expeditiously invest for a full-fledged Nagaland High Court in the fair interest of the State.
C. Talimoa
Former Nagaland Law Students’ Federation president

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