ADMINSTRATION OF JUSTICE IN ARUNACHAL PRADESH

‘The administration of justice is the firmest pillar of  the government” (George Washington, former US President)

By:- Dani Belo
E-Mail: danibelo@lawyerindia.co.in

The administration of civil and criminal justice in the state of Arunachal Pradesh is presently administered under the Assam frontier (Administration of justice) Regulation, 1945 which was enacted in the early years of the 19th century during the British rule when the state of Arunachal Pradesh was under the administrative and judicial control of the governor of Assam as a frontier tract. The said regulation was enacted under the sub-section (2) of section 92 of the government of India Act, 1935 and the regulation is still in force in the state of Arunachal Pradesh.

The commencement of administration in our state owes to the Government of India, Foreign and Political Department notification of 1914, wherein the said notification extended the regulation” Assam frontier tracts regulation,1880 to the hills frequented by Abors,Mikirs,Miris,Mishmis,Singphos etc. The administration of this area then under the control of the Ministry of External Affairs, Government of India was taken over by the Ministry of Home Affairs and in 1965, the aforesaid divisions became districts and the Political Officers came to be known as the Deputy Commissioners.

The word ‘Administration of Justice” in a case by the Hon'ble Supreme Court invariably holding that it has a wide meaning and includes administration of civil as well as criminal justice.

When the Constitution of India came into force on 26th January, 1950 , the areas under the regulation were included in Table B under paragraph 20 of the Sixth Schedule to the Constitution which provided for the tribal areas within the state of Assam . As such the Parliament was competent to make a law for this territory in exercise of powers under article 246(4) of the Constitution and accordingly all post constitutional laws were extended subject to the extent clause.

During the early 50s the government of India had followed the policy of Panchsheel for the administrative policy of the state, wherin the policy towards governance was that tribal laws and culture should be respected and also that the people be allowed to do their work of administration and development and that policy of the administrators should not be that of rivals rather they should be working through their social and cultural institutions.

On 21st January, 1972, the territory of Arunachal Pradesh was constituted into the Union Territory of Arunachal Pradesh under the provisions of section7 of the North Eastern Areas Reorganisation Act, 1971 and as ceased to be tribal areas. The Governor of Assam who used to administer the areas as an agent of the President ceased to function as such. The UT began to be administered through an administrator appointed under the provisions of article 239 of the constitution. All laws in the UT were made by the Parliament and the provisional Legislative Assembly replaced the Pradesh Council on 15th August, 1975.

The system of adjudication of disputes among the various tribes is in accordance with the tribal customs and practices by their own institutions known as kebang,buliang,yalung or Mel or by the chiefs aided by village elders has been vague from times immemorial. The procedure and methodology of the said institution is very well understood by the people. The forum is available to the people at their doorstep. The tribes in Arunachal Pradesh have developed their own tradition customs and some of them have ripened into what we call customary laws and social practices which are binding on the members and by default attain the force of law.
           
The attainment of statehood has in a way accelerated the pace of development of the administration of justice. The Parliament of India vide the Constitutional (Fifty-fifth) Amendment Act, 1986 had amended and inserted a new article 371H, wherein special powers were conferred on the governor of Arunachal Pradesh to tackle law and order. The parliament further conferred the statehood for the state of Arunachal Pradesh namely as The state of Arunachal Pradesh Act,1986(Act no.69 of 1986).The Act  vide section 46 of the act provided for the continuance of existing laws and their adaptations until the competent legislature or any other authority repeals or amends. This implies that the any laws passed by the parliament would have an automatic application in the state.

The said regulation has stood the test of times and found very effective in the matters of administration of justice in our state where every tribes has its own particular and distinct set of customary laws and practices and social taboos. However in the recent times the regulation had been found wanting in its application to certain circumstances as the situation as of today is far more different as in compared to the situation and times which existed in early periods. As a result the government of Arunachal Pradesh in the year 2005 amended many sections namely 12,13,20,22,24,30,37,41 and 42 of the regulation through an Act namely the Assam frontier(Administration of justice) Regulation,1945(Amendment) Act,2005, incorporating certain changes to the existing provisions of the regulations to make it workable in the present times. The said amended has since come into force.

Inspite of the amendment act to certain provisions of the regulation ,it has been experienced and found that still some drawbacks still exist in the said regulations with respects to the administration of civil and criminal justices to the inhabitants of the state. The said regulation has omitted to address or define the word ‘village authority ‘and as such a confusion arises to the interpretation and meaning of the said word. Also it has become a matter of debate and confusion as to the powers and functions between the Political Interpreters and Gaon Burahs and Head Gaon Burahs in the discharge of civil and criminal justices in the judicial set up.

Faced with such a situation, the Hon'ble Arunachal Pradesh Legislative Assembly was pleased to constitute an house committee to examine and submit a report to the house regarding the justice delivery system prevalent in traditional method of the institutional of gaon Burahs under the chairmanship of HMLA J.K.Panggeng and the report has already submitted to the government for its consideration and action. However it is understood that the government has declined to accept the report on the grounds that the said recommendations does already exist in the government instruction.

The year 90s showed and developmental progress in the administration of justice. People came to be more aware of the developmental progress and side by side more awareness in the demand and enforcement of their rights through legal remedies. However, sometimes their approach to the legal process were hampered by the low level of judicial accountability and lack of laws, since the judiciary was in the hands of the executive officers also there were shortages of legal counsels and counsels if any where to be sourced from Assam and the high court was located at Gauhati, which proved to be deterrent as to the cost involved. The President of India, His Excellency Shri K.R. Narayanan vide order dated July 18, 2000 had notified the establishment of a Permanent Bench of the Gauhati High Court at Itanagar and such Judges of the Gauhati High Court, being not less than one in number, as the Chief Justice of that High Court may, from time to time nominate, shall sit at Itanagar in order to exercise the jurisdiction and powers for the time being vested in the Gauhati High Court in respect of cases arising in the State of Arunachal Pradesh.

Provided that the Chief Justice of that High Court may, in his discretion, order that any case or class of cases arising in the State of Arunachal Pradesh shall be heard at Guwahati,This Gauhati High Court (Establishment of a Permanent Bench at Itanagar) order, 2000 came into force on the 12th day of August, 2000,which was a great day in the legal history of our state.

In the subsequent years and with the requirement of times, there were voices coming out from the political parties and other pressure groups to the Government of Arunachal Pradesh for the separating the judiciary from the executive. The government at that point of time had practical difficulties as the demand would unsettle the age old customary practices and laws with the opening up of the judicial courts. However at last on the directions of the Hon'ble Supreme Court, the government had to initiate separation of Judiciary from the Executive in the year 2006 with the creation of 2 Courts of District and Session Judges at Yupia and Tezu sessions for the state with their respective jurisdiction, for which the High Court is expected to initiate the appointment of the respective judges. Further the govt has recently also approved for the creation of the post of 2 Chief Judicial Magistrate and Civil Judges court under the sessions divisions for which necessary actions are being taken by the concerned department


Thus it is seen that the state of Arunachal Pradesh has marched a long and arduous steps to a path of development in all spheres. It is a gospel truth that for a developed state one of the reasons attributed to such progress has been a fair, impartial and independent judiciary existence in the social setup. This state of ours could give a serious thought on this aspect if it were to find progress for tomorrow.