It is a matter of concern for all Naga people that every individual interprets the Special Provision incorporated in Article 371A of the Constitution of India in the guise of protection of the Provision inserted by 13 Amendment. At the very outset due to the wrong interpretation of the Article and proceeding for election of ULB’s it will confront with the Special Provision given to the people of Nagaland which was brought about by special agreement signed between the Government of India and Naga people’s convention and inserted in the Constitution Article 371A.
In an Article given by the Minister of School Education and SCERT published on January 25, 2017 in Nagaland Post Daily and the Chief Minister and other authorities giving their opinions that holding of the ULB’s election is not against the customs, traditions, usages of Nagas, this clarification is given to make the records straight for public awareness. The Minister of School Education and SCERT Nagaland, Kohima has stated that, under the Constitution of India, the following Constitution established authority alone can implement the Provision of Article 371A. Firstly the Union that is the Central Government, the President, Council Minister, both the houses of Parliament and the Supreme Court with all its machinery under their control, details of which forms part V of the Constitution of India. Secondly the state i.e the State Government of Nagaland that is the Governor of Nagaland, Legislative Assembly, the Council of Ministers and High Court with all its machinery details of which forms part VI of Constitution of India. Thirdly the Panchayats which forms part IX of Constitution of India from Article 243 to 243-0 and by virtue of Article 243’M’ (2) (a), the State of Nagaland does not apply. However, the Government of Nagaland by enactment of the Nagaland Village Area and Regional Council Act 1972- the village level i.e, the Village Council is constitutionally established authority at the local self Government level to implement and enforce the power contain in Article 371A. The observation given by the Hon’ble Minister is in contravention of the Provision incorporated in 16 point agreement at Serial No.8 that is the local Self Government which state that each tribe shall have the following units of law making and Administrative Local Bodies to deal with matter concerning the respective tribes and areas.
i) The Village Council
ii) The Range Council
iii) The Tribal Council
The same has been incorporated in Article 371A by 13 Amendment of the Constitution where customary practice and usages were allowed to be followed and the Village Council were given the authority power to make laws and decide disputes when it arise. Therefore inviting Union Government Supreme Court, State Government High Court etc unilaterally by the Minister concern is not sustainable and the interpretation is with ulterior motive. The joint action committee stands for common interest of Nagas. Ample explanation has been expressed by various individuals as regard to part IXA of the Constitution which was incorporated by 74 Amendment of the Constitution as regard to municipalities which contain in Article 243P to 243ZG and the reservation 33% for ST and SC comes under 243T. In this regard, Nagaland being 100% a tribal inhibited State where respective tribes follow their custom tradition and usages from time immemorial till date unlike in main land and non tribal societies, the tribal Nagas have no classification and discrimination on the ground of sex but the female are also considered equal in the society from time immoral which is unique in the society. That from time immemorial according to customs and traditions the male took part in the decision making and as such the system cannot be distorted for sake of fund which is kept pending for municipal development.
The joint action committee is not opposed to holding of municipal election, but since holding with 33% reservation is against the customary practice, the committee demands for postponing the election and hold the election after a consultative meeting with the leaders of various tribal Hohos agreeable to common terms as per the customary and traditional practice and usages and considering the women interest in general.
A Government in power which is elected by the people, should act for the people and for the interest of the people which is the feature of democracy. The dictatorial and high handedness will invite anarchy in the society. The present up rising by the citizen of the state of various tribe is due to the highhandedness of the Government in power which is bulldozing against the interest of the public. The public demands protection and justice from encroachment in their customary, tradition and usages as guarantee by the Constitution. Therefore by arbitrarily imposing women participation in the decision making body, the Government in the guise of protecting the privileges wants to destroy the customs, traditions and usages of the Nagas by vesting power in the women in the decision making body. This curbing public interest for the sake of money which has been kept unused for the Municipal development should not be the excuse to hold the Municipal Election suppressing the interest of the people’s rights.
The advisor Urban Development in his public speech while he kick-starts campaign for DMC polls stated that more than 200 crore is kept idle for Municipal development in Nagaland as reported in press in local daily on January 20, 2017. Therefore the public asked whether Governance is for the sake of money by curbing the public interest and protection or should be for preserving public interest? The present government has no ideology as regard to public interest the way it is administrating the people in the present context and the public in general should therefore understand the approach of the present legislators.
The joint action committee therefore once again make this fervent appeal to the Government to postponed the ULB’s election and have a consultation with the tribal leaders before election is been held and failure to which the Government will be solely responsible for any eventualities that may take place.
