Expert committee to be appointed
Kohima Bureau
Kohima, Dec. 15 (EMN): The state assembly on Dec.15 revoked its resolution of Nov. 24, 2016 with regard to the Nagaland Municipal Act 2001, particularly on the issue of reservation of seats for women, by adopting a fresh resolution during the ongoing winter session here in Kohima.
Chief Minister TR Zeliang assured that an expert committee will be appointed soon so that the contentious Act is thoroughly reviewed and revamped, accommodating the interests of all conflicting sections of the people including the interests of women groups.
The Nagaland Municipal Act of 2001 was amended in 2006 for providing reservation of seats for women in municipalities but due to opposition and pressure from the civil society and tribe organizations, reservation of seats for women in municipalities was not implemented. The statute on this has not been amended even today and because the law was not implemented, women groups dragged the state government to the courts and legal battles have pursued for more than a decade now. The latest case is now before the Supreme Court of India as filed by the People’s Union of Civil Liberties (PUCL).
The state government had, under the pressure of tribal bodies and sections of the civil society, brought a resolution in the House for exempting Nagaland from the application of article 243T of the Constitution of India which was passed on Sep. 22, 2012. As the legal proceedings persisted, the state government, fearing that the apex court might give adverse ruling against Article 371A which the Nagas hold so dear, adopted a new resolution in the state assembly on Nov. 24, 2016, revoking the earlier resolution of Sep. 22, 2012, enabling the conduct of municipal elections with reservation of seats for women. This did not go down well with the tribe organizations and a month-long period of turmoil flared in February last.
“The general opinion on the issue appears to be that women reservation in municipalities is not in consonance with provisions of article 371A (1)(a). The Assembly Committee on Article 371A(1)(a) was also of this opinion and that was why, the Assembly passed the Resolution under the said article on 22.9.2012 exempting Nagaland from article 243T.... In view of this conflict between the general public opinion and the opinion of the women groups, the Government has decided to rescind the resolution dated 24 November, 2016 and restore the position to the resolution of the House dated 22 September, 2012 passed under article 371A(1)(a) that exempts Nagaland from article 243T of the Constitution of India,” Chief Minister TR Zeliang explained in the House on Friday before the new resolution was put up for adoption.
Rule of sub judice not applicable to legislation
Making a reference that the Naga Mothers’ Association has raised an objection that the recent revocation resolution is being passed when the matter is sub judice, Zeliang announced that the NLA had passed both the resolutions dated 22.9.2012 and 24.11.2016, when the matter was sub judice. “Therefore, now the question of ‘sub judice’ cannot be taken against our powers to pass this revocation resolution. All resolutions are in the nature of legislation and the rule of sub judice does not apply to legislation,” the chief minister stated.
He however maintained that this was not the ‘end of the road’ for anyone, and emphasised that the doors of the state government are open for dialogue, discussion and a rational decision.
Participating in the discussion, Yitachu asserted that he was agreeing on adoption of the fresh resolution for one sole reason: the ongoing political talks and the nearing solution.
Minister Imkong L Imchen was of the view that Article 243T directly or indirectly infringes on Article 371 A as it talks of women reservation and not universal adult franchise. He said reading the provisions of the two Articles together was contradictory and the Naga people would be making themselves vulnerable by doing so.
Neiba Kronu was assertive that enough debate whether Article 243T infringes on Article 371A had transpired. He opined that the Nagas were empowered through the latter to frame its own law and the NLA can make its own decree which is not based on Article 243T which can enable women to participate “according to our own laws”.
