High Court

Gauhati High Court sets aside village excommunication orders, rejects blanket Article 371A shield

Nyaya Prep • Published • 3 min read

An open gate leads to a hill village assembly pavilion with distant adult figures.
Customary authority remains subject to constitutional scrutiny. · Nyaya Prep
The Gauhati High Court has quashed excommunication orders affecting 38 petitioners and their families in Nagaland. Justice Yarenjungla Longkumer held that customary institutions exercising pervasive social authority can face writ scrutiny when their actions involve public duties and fundamental rights. Article 371A protects Naga customary practices but does not place every sanction beyond constitutional review. The dispute concerned the establishment year of a community union, followed by restrictions on village entry, identity and social relations. The Court found violations of Articles 14, 19 and 21. Its decision addresses the challenged sanctions rather than abolishing the constitutional protection of Naga customs.
  • Gauhati High Court
  • Nagaland
  • Customary law
  • Judicial review
  • Constitution of India

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