Nagaland's separate High Court dream faces funding hurdles

• Rio calls for balance between formal, customary justice systems

Neiphiu Rio, Justice Kakheto Sema, G Kaito Aye, TN Manen and others at the New High Court Complex in Kohima. (EM Images)

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• KOHIMA — Chief Minister Neiphiu Rio has reaffirmed the state’s long-standing aspiration for a separate High Court while highlighting the pressing need for an additional INR 300 crore to complete the new High Court complex in Kohima.
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• He was speaking at a tree plantation programme organised by the High Court Bar Association (HCBA) at the under-construction complex on Saturday. Calling the initiative a noble venture, Rio said the trees would enhance the beauty of the new building and reflect the community’s commitment to future generations. He noted that spring is the best season for planting and emphasised the importance of preserving the ecosystem.

• Drawing on traditional wisdom, Rio remarked that Naga forefathers, through the practice of jhum cultivation, had maintained a balance with nature. He stressed that their wisdom remains relevant even in legal matters, especially in customary law, which he described as inclusive, cost-effective, and time-efficient.
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• Customary justice systems rely on public consensus, delivering quick resolutions and focusing on restoring community harmony, he said and maintained that customary law can coexist with the formal judicial system.
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• He expressed hope that the legal community will remain open-minded to make this balance work.

• Neiphiu Rio planting a tree at the New High Court Complex in Kohima. (EM Images)

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• He cautioned that if people were forced to rely solely on the formal court system, many—especially farmers and rural residents—might be unable to afford legal fees or navigate the legal process, leading to the forfeiture of their rights.
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• Highlighting the historical foundation of customary law, the chief minister said the British rulers recognised these systems as early as 1873 through the Bengal Eastern Frontier Regulation (BEFR) Act. This legal legacy was reinforced during Nagaland state’s formation, leading to the incorporation of Article 371(A) in the Constitution, which protects customary laws, traditions, and religious practices.
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• Speaking about the ongoing construction of the new High Court, Rio said more than INR 240 crore has already been spent from the state’s own limited resources, as Nagaland has not received any financial assistance from the central government for the project—unlike neighbouring states like Assam, Meghalaya, Tripura, and Manipur, which received full funding.

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• He stressed that an additional INR 300 crore is needed to complete, furnish, and operationalise the court, including accommodation for staff and judges. Despite several representations to the Union Ministry and even meeting the Chief Justice of India, the Centre has yet to approve a separate High Court for Nagaland, he lamented.

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To demonstrate commitment, Rio noted that his government has already designated buildings for judicial use—including the former Chief Minister’s residence for the Chief Justice and renovated quarters for other judges—to allow a separate High Court to function even before the new complex is complete.

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• “But when the government of India thinks that it is not time for us to be given a separate High Court, it is very unfortunate. But we will continue to pursue until justice is done,” Rio said.
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• He also underscored that the state must do its part and perform well in terms of justice delivery.
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• Also speaking at the event, Justice Kakheto Sema of the Gauhati High Court described the tree plantation drive as a symbol of long-term vision and responsibility. “Even if we do not see the full fruits of our labour today, the trees and the institutions we build now will benefit generations to come,” he said.
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• Justice Sema expressed gratitude to CM Rio and Advisor TN Manen for their consistent support. He revealed that the state government has sanctioned more than INR 150 crore in the past two years for the High Court’s construction, showing its strong commitment to strengthening the justice system.
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• He also praised the recently held State Mega Legal Services Camp, which earned commendation from Supreme Court judges, including the Chief Justice of India. He lauded members of the Bar for defending the rights of the marginalised and upholding constitutional values.
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• Reiterating the demand for a separate High Court, Justice Sema said it was not merely about administrative convenience but about “constitutional dignity, regional identity, and equitable access to justice.”
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• Earlier, Senior Advocate CT Jamir, President of the HCBA, welcomed the gathering and noted that the association had conducted a similar tree plantation drive in 2023. This year, the HCBA procured around 1,000 saplings, including fruit-bearing and ornamental trees.
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• He stressed the urgency of shifting to the new High Court premises to ensure proper care for the plants and advance the cause of justice infrastructure in the state.
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• A speech was also delivered by TN Manen, Advisor for Law and Justice, who reaffirmed the state’s dedication to improving legal infrastructure and access to justice.