Dimapur, Jan. 27: Responding to the various statements on the legality of holding the municipal and town council elections in Nagaland, Nagaland Bar Association (NBA) today clarified that it was either singly or collectively guided by clear conscience in law that there is no question of challenging any policy matter of the government before any legal forum.
NBA today issued a statement in response to the rejoinder issued by the Municipal Affairs Department and the Legal Cell of Naga Peoples Front (NPF) published in some of the local dailies.
As regards the rejoinder issued by Menukhol John, Principal Secretary of Municipal Affairs Department, NBA said he had rightly quoted the provisions of Article 244 of the Constitution wherein Clause (1) provides that the Fifth Schedule shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in any State other than the States of Assam, Meghalaya, Tripura and Mizoram. While reiterating that the Constitution (Scheduled Tribes) Order, 1950, (C.O.22), the Scheduled Part II – Assam, Item 12 – Any Naga tribe, followed by the Constitution (Nagaland) Scheduled Tribes Order, 1970 (CO 88) the Schedule is under enforcement in the State of Nagaland by virtue of the words “Scheduled Tribes in any State” as provided under Article 244 (1) was rightly cited in the rejoinder issued by the Municipal Affairs Department, NBA, however, said the government authorities are contradicting themselves despite quoting the relevant provisions of the Constitution in their rejoinder.
It sought to make it clear that the Constitutional requirement under Fifth Schedule of the Constitution to notify is only in respect of Scheduled Areas and not Scheduled Tribes as because Scheduled Tribes are notified by the Scheduled Tribes Orders. It, therefore, said the question of requirement of the Naga Scheduled Tribes to be notified under the Scheduled Areas does not arise.
It also stated that the constitutional requirements of reservation of seats in municipalities for Scheduled Caste, Scheduled Tribes and women arises only where the State is dominated by General Category of people, Scheduled Caste and Scheduled Tribes. However, Nagaland being purely a tribal state, it said the question of applying Part IX A of the Constitution does not arise. As such, it said the government authorities are fooling themselves adding the intellectual sections of the society should not fall prey.
As regards the statement issued by the NPF Legal Cell, NBA said as a collective body of the learned profession, its members are either singly or collectively guided by the clear conscience in law that there is no question of challenging any policy matter of the government before any legal forum.
Further, it stated that NBA never convened any press conference or issued any press release with regard to Municipal matters. It clarified that it was the members of the press who personally approached the NBA office soliciting the opinion of the Bar on the current municipal issues.
NBA president, Tali Ao, and the secretary, V Hukavi Zhimomi, made it clear that under the law of ethics or under any statutory enactments, there is no prohibition to talk to the media whenever called upon and their views solicited in matters of public interest. It further added that NPF Legal Cell, being manned by learned people under a political party, was expected to know the law unlike private individuals.
