HC upholds govt’s move to extend ILP in Dimapur, Chümoukedima and Niuland

DIMAPUR, JUN 16 (NPN): Gauhati High Court, Kohima Bench, has upheld the constitutional validity of the extension of the Inner Line Permit (ILP) regime to Dimapur, Chümoukedima and Niuland, dismissing a batch of public interest litigations challenging the September 20, 2024 and May 27, 2025 notifications issued by the Nagaland government.
A division bench comprising chief justice Vijay Bishnoi and justice Kakheto Sema held that the Bengal Eastern Frontier Regulation, 1873 continues to remain a valid law under Article 372 of the Constitution and that the impugned notifications were issued under statutory authority and not as a mere executive action.
The court rejected the contention that extending ILP regime to the three districts was arbitrary or violative of Articles 14 and 19. It observed that governance is dynamic and the State is not permanently bound by earlier policy decisions exempting Dimapur from the ILP framework. The bench noted that concerns relating to migration, protection of indigenous interests, public security and preservation of constitutional safeguards for Nagaland could legitimately justify a change in policy.
The court further held that materials placed before it, including committee reports, departmental deliberations and successive Cabinet decisions, showed that the decision was not taken in an evidentiary vacuum. It ruled that judicial review was concerned with the existence of relevant material and not with reassessing the sufficiency of such material.
Addressing objections raised by Dimasa and Karbi petitioners, the bench observed that historical associations of Dimapur with the Kachari kingdom could not determine the constitutional validity of a contemporary regulatory measure. It held that the notifications did not prohibit entry into Dimapur but merely required compliance with the permit regime.
On concerns relating to NRC documentation, the court recorded the State government’s assurance that applicants from Cachar, Hailakandi, Dima Hasao and Karbi Anglong districts of Assam would not be required to produce final NRC registration documents. Instead, a “receipt of claim” containing ARN number generated during the NRC process would be treated as sufficient for processing applications.
The court held that the ILP notifications were legally valid, not manifestly arbitrary, and did not infringe constitutional rights. Accordingly, all petitions challenging the notifications were dismissed and interim orders, if any, were vacated.