The reason behind the adamant posture of the State Government to conduct election seems to make sense now after reading the article by Shri. Yitachu. The government should have in the first place issued such clarification for public consumption. What is made clear is that, if the government waits for the Supreme Court to give verdict in favor of JACWR, the Government will still have no option but to go ahead with the election upholding 33% Reservation for women. This would imply that “No act of the Parliament may apply to the State of Nagaland with regard to provisions under Article 371(A), but henceforth Supreme Court can have legal jurisdiction over the provision under the article 371(A)”.
Therefore, does it not make sense to go ahead with the 33% Women Reservation and conduct the election as decided by our own State Government rather than wait for the Supreme Court to impose verdict upon the Nagas? If election is held before Supreme Court Verdict is given, relief being granted to the JACWR, the SLP filed by the JACWR will be deemed infractious, and Supreme Court will not give verdict overruling the provisions as enshrined under article 371(A). This way the legislative decision making power over article 371(A) will be safeguarded and retained with Nagas rather than lose the same to the Supreme Court. If article 371(A) was not dragged in the SLP, perhaps it would make better sense to wait for the outcome of the SLP to hold the election rather than create the ongoing social unrest. But at this juncture since JACWR has refused to withdraw the SLP, the NGOs and those who value the Article 371(A) should be supporting the stand of the government to hold election at the earliest for the sake of safeguarding the precious Article 371(A) rather than opposing it. This is my humble view.
K. Wepe
Kohima Town
