In compliance to the recent political turmoil in the political party in Nagaland, I would like to put forth my stand from a layman perception, considering the present political situation in the state. No doubt the total shift or 3/4th Merger of NCP MLAs with its party workers to BJP gives a new “Ray of Hope” to the party and to the people of Nagaland in the realm of developmental activities. This is rightly stated by its President as - a Red Letter day, for the party and to people of Nagaland as a whole. But on the other side, the NCP workers who still continue to work in NCP might have a better vision and idea of their own, the reason and motive behind this heck-up discourse is best known to them. No matter what the situation may occur at this juncture, both parties should think to be on the same page, looking ahead of the greater interest of the state.
And when we go through the “Tenth Scheduled of the Constitution of India” and its provisions for disqualification on ground of defection. We can’t assume as defection under the scheduled of the constitution. Since, The Sub-paragraph (1) of the Para 2 of the schedule, clearly states that any member of a house shall be disqualify; subject of the provisions of paragraph 3, 4 and 5, a member of a House belonging to any political party shall be disqualified for being a member of the House. But the case of the 16th June - imbroglio of 3 NCP MLA disqualifications on ground of defection did not apply here. Since, the provision of the 10th schedule – Sub –para (2) of the Paragraph 4 states; For the purposes of sub-paragraph (1) of this Paragraph (i.e. Paragraph 4. - Disqualification on ground of defection not to apply in case of merger.- Sub-para (1) A member of a House shall not be disqualified under sub-para (1) of the paragraph 2 where his original Political Party merges with another political party and he claims that he and any other members of his original party - (a) Have become a members of such other political party or, as the case may be, of a new political part formed by such merger : )The merger of the original political party of a member of a house shall be deemed to have taken place if, and only if, not less than two- thirds (2/3rd) of the members of the legislature party concerned have agreed to such merger. As such, constitution legality of merger is fully fulfilled since ¾ MLAs consensually amalgamated to the BJP.
M Zachamo Ezung
President DLYF.
Dimapur Nagaland
