“Whereas, the Nagaland Municipal Bill, 2001 was passed on 25th September, 2001 during the Tenth Session of the Nagaland Legislative Assembly. The Act was amended on 24.08.2006 during the Twelfth Session of the Tenth Assembly whereby Section 23A was inserted in the existing Section which provided for 33% reservation of seats for women in Municipal and Town Councils. Though the Nagaland Municipal (First Amendment) Act, 2006 received much positive responses to the reservation of seats for women, the Amendment Act also invited numerous opposition from different quarters of the Naga society on various grounds.
Whereas, the Cabinet meeting held on 16th December, 2009 deliberated upon the representations of the Municipal and Town Council Forum, the Naga Hoho and the ENPO on the issue of the Municipal and Town Council election and decided that, in view of the delicate situation in the State and the on-going reconciliation and peace process in the State, there was a need to maintain harmony in the society. As the Municipal and Town Council elections had the potential to create tensions and undesirable situations in the State, the Cabinet decided to postpone indefinitely the said elections which was due in January 2010.
Whereas, the matter was brought to the notice of the Hon’ble High Court which eventually quashed the Cabinet decision on 21st October, 2011 and ruled in favour of conducting the elections before the end of January, 2012. However, due to time limit prescribed in conducting such elections, the Hon’ble High Court granted extension of time for holding elections upto 30th April, 2012. In compliance to the direction of the Hon’ble High Court, the State Government notified for holding of Municipal/ Town Councils election under the supervision of the State Election Commission (SEC) vide Notification No. UDD/MAC-14/2011 dated 14.03.2012.
However, various NGOs including the Naga Hoho and the ENPO supported by various Naga Tribal Hohos ventilated their strong objection to 33% reservation for women in the election on the ground inter alia that it was violative of the customary practices protected in Article 371-A of the Constitution of India.
Whereas, in order to balance the conflicting interests in various groups, all possible effort at its command was put by the State Government and gathered the views, opinions and comments at various levels. The interactions with Tribal Hohos and Civil Societies as well as the representations received demonstrated stiff opposition for reservation of seats for women in Municipal bodies.
In view of various objections and representations by different organisations, the Nagaland Legislative Assembly during its Eleventh Session had a thorough discussion on the matter and unanimously adopted the following Resolution on, 22nd March, 2012:
“Reference of Part IXA of the Constitution of India to Committee to Scrutinize Parliamentary Laws for Application to Nagaland”
Whereas, “Having regard to the views of the Nagaland Legislative Assembly on the issue of 33% reservation of seat for women in urban local bodies that emerged during the discussion on the issue held in the House today. The House, therefore, unanimously resolves that Part IXA of the Constitution of India be referred to the Assembly Committee under Rule 221 A of the Rules of Procedure and Conduct of Business in the Nagaland Legislative Assembly to examine whether Nagaland should be exempted from the application of Part IXA of the Constitution of India with instructions to present its report within six months.
“ Whereas, in accordance with the unanimous resolution adopted by the 11th Nagaland Legislative Assembly, Part IXA of the Constitution of India was referred to the Committee to Scrutinize Parliamentary Laws for Application to Nagaland under Rule 221-A of the Rules of Procedure and Conduct of Business in the Nagaland Legislative Assembly. Accordingly, press communique was issued by the Nagaland Legislative Assembly on 4th July, 2012 vide NO. AS/LEG-37/2012 inviting proposals, objections, evidence and further representations etc. to ascertain whether Part IXA of the Constitution arising from the 74th Amendment Act of the Constitution should be exempted in terms of the provisions prescribed in Rule 221-A (Committee to Scrutinize Parliamentary Laws for Application to Nagaland) of the Rules of Procedure and Conduct of Business in the Nagaland Legislative Assembly.
The Naga Hoho, Eastern Nagaland People Organization (ENPO) and the Joint Action Committee on Women Reservation (JACWR) submitted respective Representations on 20th July, 2012.
Whereas, the Naga Hoho and the ENPO through their joint Representation dated 16th March, 2012 addressed to the Hon’ble Chief Minister strongly urged upon for initiating necessary Amendment of the 33% women reservation and sections which were detrimental to the Naga society in the Nagaland Municipal Act, 2001 and as amended in 2006 during the current Assembly Session so as to protect the rights and aspirations of the Naga people.
The Joint Action Committee on Women Reservation (JACWR) through its Ref. No. JACWR/F-05/10 dated Kohima, the 20th July, reiterated its demand to implement Women Reservation in Municipalities and Town Councils as well as protect the Constitutional Rights of women guaranteed under Part IX (A) of the Indian Constitution and Article 243(T).
Whereas, after receiving all the proposals, objections, evidence and representations from various interested social organizations, the Committee to Scrutinize Parliamentary Laws for Application to Nagaland held its meeting on 4th September, 2012 at the Committee Room of the Assembly Secretariat. The Committee examined the representations and discussed at length regarding the applicability of Part IXA of the Constitution of India to the State of Nagaland. After thorough deliberation, the Committee unanimously resolved to recommend the following:
Whereas, the Committee to Scrutinize Parliamentary Laws for Application to Nagaland constituted under Rule 221A of the Rules of Procedure and Conduct of Business in the Nagaland Legislative Assembly had its indepth deliberations on 4th September, 2012 on the issue of 33% reservation of women as provided in Part IXA of the Constitution of India and is of the consensus view that the 33% reservation of seats for women impinges/ infringes on the ‘social and customary practices of the Nagas, the safe guards of which is enshrined in Article 371A of the Constitution of India.
Whereas, the Committee further recommended that the State Government may legislate its own laws with necessary amendments suitable and in consonance with the social and customary practices of the Naga people as envisaged by Article 371A of the Constitution of India.
This House therefore, resolves to exempt the operation of Part IX A of the Constitution in the State of Nagaland under Rule 371-A (1) (a) of the Constitution of India.”
List of Amendments to the Resolution under Article 371-A (1)(a) of the Constitution of India for exempting Nagaland from the application of Article 243-T
1. In the Resolution, wherever the word and numerals “Part IX-A” occurs, the words and numerals “243T of Part IX-A”, shall be substituted.
2. In the Resolution, after the penultimate part, insert the following:
“Whereas the Committee, after receiving oral and written evidence/ representations, has come to the conclusion that Naga customary law relating to urban local bodies including representation of women, is uncodified and analogous to Parliamentary privileges of Legislatures and to the copious principles of natural justice. which judicial and quasi judicial forums in the country apply on regular basis, and which customary law despite want of codification, has been consciously recognized and epitomized in the form of unassailable safeguards in Article 371-A (1)(a):.
Whereas the Committee while making its recommendation to exempt Nagaland from application of 243T of Part IX A of the Constitution of India has also kept in view the fact (i) that Part IX of the Constitution relating to Panchayats was not applied to Nagaland though substantial majority of women live in villages and are now governed by customary law relating to representation of both sexes in the village bodies as supplemented by statutory law from time to time and (ii) also that non-reservation of women in village bodies in the customary and statutory law had not resulted in any gender-based injustice:
Whereas the Committee also recognized the fact that providing specific women representation to a miniscule minority of women in very few urban local bodies in the State will upset the apple cart of fragile balance and delicate nuances in perspectives of age old customary law in force all over Nagaland, which has been Constitutionally affirmed by the non-application of Part IX of the Constitution of India to Nagaland by Parliament when it enacted the 73rd Amendment.”
3. In the last part of the Resolution,
For words and numerals “Rule 371-A (1)(a)” substitute the words and numerals “Article 371-A (I)(a)”
4. After the last part of the Resolution, add at the end, namely:
“This House further resolves that no statutory provision of the State which provides for matters similar to as contained in Article 243 T of the Constitution of India shall have force in Nagaland”
