Gauhati HC Stays Nagaland Govt's Enumeration Exercise For Four Tribes To Determine Eligibility For Indigenous Inhabitant Certificate

The Gauhati High Court in an interim order stayed for three weeks enumeration exercise to be conducted by the Nagaland Government with regard to the people from Garo, Kuki, Kachari and Mikir (Karbi) tribes settled in the State.

Justice Yarenjungla Longkumer was hearing a writ petition filed by the Kuku Inpi, Nagaland, the Nagaland Garo Tribal Council, the Kachari Tribal Council Nagaland, and the Karbi Union Nagaland, challenging a September 20, 2024 order passed by the state's Home Department Political Branch.

The order directed that in pursuance of the Cabinet Decision of September 12, 2024, there shall be a enumeration exercise to be conducted of the people and their direct descendants from Garo, Kuki, Kachari and Mikir (Karbi) settled in Nagaland prior to December 1, 1963, so as to determine their eligibility for issuances of Indigenous Inhabitant Certificate (IIC) or PRC.

In the said order dated September 20, 2024, a schedule has also been notified by which the enumeration exercise was to have started from November 01, 2024 till January 31, 2025 and publication of draft list to be issued on January 15 and thereafter, for claims and objections from February 17 to March 17. The final publication of the list of enumeration was to be published on May 6. However, the petitioners submitted that the exercise has not commenced and nothing has been done till date. 

The petitioners were also aggrieved by the notification dated October 1, 2024 by which it was stated that in pursuance of order dated September 20, 2024 the enumeration exercise is to be conducted for the Garo/Kuki/Kachari/Mikir (Karbi) Nepali/Gorkhas settled in the State of Nagaland as mentioned for issuances of IIC/PRC and in the notification dated August 10, 2024, also the schedule has been given for the enumeration exercise.

It was the case of the petitioner that the petitioners are notified as Schedule Tribes of Nagaland by Schedule Tribes order 1970 and they are similarly situated with all the Schedule Tribes of Nagaland and therefore, the state authorities have no jurisdictions/power to take away the status of the petitioners as Schedule Tribes of the State of Nagaland. The petitioner had also sought interim order for staying the operation of September 20, 2024 decision as well as the October 1, 2024 pending disposal of the writ petition.

During the hearing on May 8 the Additional Advocate General accepted notice on behalf of all the State respondents.

“List the matter after 3(three) weeks, as prayed for by the learned Additional Advocate General, on which date the prayer for the interim order shall be considered. The petitioner shall supply requisite copies of the petition to the Additional Advocate general. The respondents are also at liberty to file their affidavit-in opposition, if so advised. Till the next date the respondent shall not take any exercise with regard to the enumeration,” the Court said. 

The matter is directed to be listed after three weeks.

Case Title: The Kuki Inpi Nagaland and 3 Ors. v. State of Nagaland & 5 Ors.

Case No.: WP(C)/72/2025

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