Civic polls unlikely in Nagaland after move to repeal municipal act

Civic polls unlikely in Nagaland after move to repeal municipal act

Subject :Polity

Section: PRI / LOCAL GOVT

Concept :

• The 60­ member Nagaland Assembly has unanimously resolved to repeal the Nagaland Municipal Act of 2001(NMA) with immediate effect, thereby negating the possibility of the State holding the elections to the urban local bodies (ULBs) with 33% of the seats reserved for women.
• The Naga Hohos (apex tribal bodies) also threatened to boycott the polls if the government failed to guarantee that holding the civic polls would not violate the provisions of Article 371A of the Constitution of India granting special rights to Nagaland, including protection of Naga customary laws.
• The discussion on the NMA­2001 was initiated by Parliamentary Affairs Minister K. G. Kenye under Rule 50, which allows deliberation of matters of urgent public importance.
• The MLAs representing all political parties participated in the discussion.
• Taking note of the stiff opposition to the ULB elections, the House resolved that civic polls cannot be conducted unless the NMA 2001 was repealed and re_placed by another Act that would not be seen as violating the provisions of Article 371A.

Background

• Elections for ULB were not conducted since 2004 over the issue of the “unresolved” Naga peace talks, and reservation for women, which several tribal bodies opposed, asserting that it infringes on the special rights for Nagaland guaranteed under Article 371(A) of the Constitution.
• An attempt to hold the ULB elections with 33% reservation for women in 2017 triggered a backlash with protesters setting government buildings ablaze. And it also resulted in the resignation of R. Zeliang as the Chief Minister.
• On March 9, 2022, representatives from across the Naga society unanimously agreed to ULB elections with 33 per cent reservation for women.
• The decision was taken during a consultative meeting of all stakeholders including civil society organisations, churches, tribal bodies, political parties and NGOs convened by the state government in the presence of legislators.
• Organisations such as the Naga Mothers’ Association (NMA) have hailed the notification for the ULB polls.

Women Reservation in ULB’s

• The 74th Constitutional Amendment of 1992 not only mandated gender reservation but also provided constitutional safeguards to the long due demand for ensuring female representation in the polity at the sub-national level.

The relevant features given in the Article 243T(3) are:

• It provided for the women reservation of not less than 33 percent of the total number of seats in the urban local bodies (ULBs) mandatory.
• Also, not less than 33 percent of seats are further reserved for the women belonging to SC/ST communities.
• At least 33 percent of the offices of chairpersons in urban local bodies are reserved for women.
• To ensure that the effect of the reservation is evenly spread across all the geographical areas of the city, the reserve seats are allotted to different territorial constituencies on a rotational basis.

Special Provisions related to Nagaland

• Article 371A deals with the special provisions with respect to the State of Nagaland.
• Article 371A (1) (b) – the Governor of Nagaland has special responsibility with respect to law and order in the state so long as internal disturbances caused by the hostile Nagas continue.
• For instance, under Article 371A (1) (b) of the Constitution, important functions like “transfer and posting of officials” entrusted with the maintenance of law and order of and above the district level will be with the approval of the Governor.