Wednesday, December 6, 2023

Nagaland Civil Courts Act, 2023 ultra vires the Constitution: DBA

Dimapur Bar Association (DBA) has expressed strong resentment on the draft Nagaland Civil Courts Act, 2023, pointing out that several provisions of the draft, which in its present form, contradicts the basic democratic structure and is ultra vires the Constitution.

DBA president Hukavi Zhimomi and secretary Luzukhu Achumi said that the Bar was constrained to specifically point out the provisions of the draft Act which were not only contradictory to the Constitution, but if enacted in its present form, would dislocate the entire democratic arrangements which are in existence to safeguard the basic democratic organs. DBA said the statement of the bar was in one part for public consumption and on the other a call upon the state government to take prompt necessary steps for rectification.

DBA said several provisions/clause/Sections and features of the draft Act, were inconsistent and contrary to the Constitution which amongst other require prompt and necessary changes/rectification. Therefore, DBA recommended certain factors which needed due consideration.



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