Bar Association Issues Rejoinder on UCC

Apropos “ Uniform Civil Code (UCC)” by K.Angami published in Nagaland Post dated 18/11/16, the Dimapur Bar Association feels constrained to clarify the matter by issuing this rejoinder. That Art.368 of the Constitution of India empowers the Parliament to amend any provisions of the Constitution by way of addition, variation or repeal. Therefore, if Uniform Civil Code is enacted, Art.371A shall be amended appropriately unless Nagaland is excluded from the purview of the Act. Hence, Dimapur Bar Association convened the public discourse, thereupon, the Nagaland Tribes Council was gracious enough by shouldering the responsibility in making the representation to the appropriate authority requesting to save the provisions of Art. 371A. Hence, it is clarified that construing a particular provisions of the Constitution in isolation of the others, shall result into fallacious conclusion, in as much as, different provisions of the Constitution are to be read with other relevant provisions of the Constitution so as to arrive at a correct interpretation. The Uniform Civil Code, if enacted, the same shall require amendment of Art.371A, unless, Nagaland is excluded from the purview of the Act. Once, the law is enacted by the Parliament in accordance with the provisions of the Constitution, the question of Nagaland Legislative Assembly to pass a resolution adopting or denouncing the enforcement of the Act in Nagaland does not arise, unless, empowered under the Act. The assertion of K.Angami that parliamentary laws are not applicable in Nagaland unless our legislatures give their approval appears to be fallacious interpretation of the Constitution, like glimpse on only one side of the coin without knowing as to what is there on other side. Therefore, this rejoinder is issued in order to clarify the facts relating to the interpretation of the relevant provisions of the Constitution so as to avoid misleading the innocent readers.

Imti Imsong, President; A. Hukavi Zhimomi, Secretary