The Governor of Nagaland has promulgated the ‘Disqualification on Ground of Defection in Urban Local Bodies Ordinance, 2024’. The anti-defection ordinance, published in the Nagaland Gazette dated July 15, 2024, was promulgated as the Nagaland Legislative Assembly was not in session.
With the ordinance commencing with immediate effect, “a member of a house of the Urban Local Body belonging to any political party shall be disqualified from being a member of the house if he has voluntarily given up his membership of such political party by which he was set up as a candidate for election as such member.”
A member shall also be disqualified “if he votes or abstains from voting in such House contrary to any direction issued by the political party to which he belongs or by any person or authority authorized by it in this behalf, without obtaining, in either case, the prior permission of such political party, person or authority and such voting or abstention not been condoned by such political party, person or authority within fifteen days from the date of such voting or abstention.”
According to the ordinance, disqualification on ground of defection will not apply in case of a member of a municipal or town council “where not less than two thirds of the members of his legislature party have decided to merge with another legislature party in the house.”
It may be mentioned here that the Nagaland chief minister Neiphiu Rio had recently said during a reception program organized by the ruling NDPP party for the newly elected party councilors to the Dimapur Municipal Council (DMC) and East Dimapur Town Council (EDTC).
To check potential defection in the future, he informed that the state was considering passing a law relating to defection of councilors in the ULBs.
Nagaland minister for Tourism and Higher Education, Temjen Imna Along is also reported to have said that the Nagaland government was working to have an anti-defection law in ULBs. He hinted that the anti-defection law would follow the Kerala model which had implemented the Kerala Local Authorities (Prohibition of Defection) Act, 1999.
In India, an ordinance refers to an executive order issued by the President of India or the Governor of a state when the Parliament or the state legislative assembly is not in session. Ordinances have the same effect as an Act of Parliament but are temporary in nature and valid only for a limited period, typically six weeks unless approved by the Parliament or the state legislature.
The power to issue ordinances is derived from Article 123 of the Indian Constitution at the central level and Article 213 at the state level. These articles empower the President and the Governors, respectively, to promulgate ordinances if they are convinced that circumstances require immediate action.
Ordinances are usually issued when urgent legislative action is deemed necessary and it is not feasible to convene a session of Parliament or the state legislature for passing a regular law. Once Parliament or the state legislature convenes, the ordinance must be approved and converted into a permanent law.
It may be mentioned here that the Governor of Nagaland, La Ganesan, on Wednesday revoked an order issued on June 3, 2024, summoning the Fifth Session of the 14th Nagaland Legislative Assembly on August 6, which was informed through a press release from the NLA Secretariat. However, the press release did not provide any reason for the revocation or mention a new date for the session.