Dimapur, October 21 : A former legal adviser to the State of Nagaland has made a strong observation that the recent Cabinet decision on women reservation cannot supersede the resolution of the Nagaland Legislative Assembly on September 22, 2012 that exempted Part IX-A of the Constitution pertaining to Article 243T on 33 percent women reservation in Municipal and Town Council elections.
Pius Lotha, the former Additional Advocate General of Nagaland, in a press note released to the media on Friday, has stated that the Assembly resolution of September 22, 2012 has to be amended in the Assembly, which cannot be done just by a Cabinet decision.
He stated that "The State of Nagaland was created by the constitution (thirteenth Amendment) Act, 1962 with effect from 01-12-1963 by giving special provision with respect to the State of Nagaland under Article 371(A)" wherein no Act of Parliament in respect of Religious or social practices of the Nagas; Naga customary law and procedures; administration of civil and criminal justice involving decisions according to Naga customary law; and ownership and transfer of land and its resources, shall apply to the State of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides;"
He recalled that "the Nagaland Municipal Act 2001(Act No.10 of 2001) was passed by the Nagaland State Legislative assembly which received the accent of the Governor of Nagaland on 26.9.2001 and published in the official Gazette Extraordinary Dated 18th Oct. 2001 and Article 243T came into effect in the State of Nagaland thereby 33% Reservation for Women provided under Article 243T became applicable in the state of Nagaland thereby the Nagaland Municipal Act 2001 was amended in 2006.”
He further recounted that the government was embroiled with various representations from different tribal groups against the reservation and at the same time the demand for implementation from women organisations.
"In the midst of the tussle between different groups, the State Legislature under Rule 221-A(1) appointed select committee to revisit the issue of 33% reservation and on the strength of the report submitted by the select committee, the Nagaland Legislative Assembly adopted a resolution on 22nd September, 2012 to exempt PART IX –A of the constitution of India pertaining to 33% reservation of seats for women in Municipal and Town Council in the State which nullified tussle the Act of 2001,” Lotha stated..
He also noted that as per media report, the tussle has now reached the Supreme Court and the case is pending disposal.
“That since Article 371A envisages that No Act of Parliament in respect of: (ii) Naga customary law and procedures, shall apply to the State Of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides; therefore In the context of the Resolution passed by the Nagaland State Assembly on 22nd September, 2012 which exempt Part IX-A of the constitution pertaining to Art. 243T on 33% women reservation in Municipal and town council the applicability of reservation in Nagaland has become redundant unless the Legislative Assembly makes further amendment,”
“Therefore, the cabinet decision unless it is resolved in the legislative assembly, it cannot be enforced as it will be contrary to the special provision given to state by the constitution," Lotha maintained.
