The members of the 14th Nagaland Legislative Assembly deliberated on the Urban Local Bodies elections on the second day of the second session at Assembly Hall, NLA Secretariat, Kohima on 12th September 2023.
Minister, Power & Parliamentary Affairs, K. G. Kenye initiated the discussion on Matters of Urgent Public Importance under Rule-50 pertaining to Urban Local Bodies Elections. Kenye mentioned that the issue of reservation has been contentious in Nagaland since the state has its own unique political history and governance system based on tribal and customary practices. Many tribal organizations and political parties have been demanding the exclusion of urban areas from the purview of reservation, as they believe it goes against the historical and customary practices of the state. However, the State Election Commission and the Department of Municipal Affairs have maintained that reservation is essential to ensure representation of various sections of society, including women and marginalized communities. The Commission and the Department have been working towards resolving these issues through dialogue and consultations with stakeholders and went a step further to ensure that the customary law will not be infringed.
In her maiden speech at the Assembly, Advisor, Industries & Commerce, Hekani Jakhalu said that women reservation is a constitutional obligation under Article 243(T) of the Constitution of India. Women have been deprived of participating in the decision-making bodies which may have advanced women in many unrestricted fields, but have not helped them to be able to overcome the perpetual denial of their right to participate in decision making bodies. Therefore, she added that reservation is the only reasonable means to help them to participate as of today. If Naga women were never allowed to take part in customary institutions of decision making, then that alone is a sufficient reason to give reservation.
Minister, Women Resource Development and Horticulture, Salhotuonuo Kruse thanked the central leaders who framed the policy. She also thanked the Naga Mothers Association heralding the news to the women of Nagaland and to the Naga men for supporting the ULB election policy.
Minister, Tourism and Higher Education, Temjen Imna Along complimented the two lady legislators and also thanked Chief Minister Neiphiu Rio, the present legislators and the civil society in coming together to an agreement to hold the ULB elections.
Advisor, Urban Development & Municipal Affairs, Zhaleo Rio was grateful to the Chief Secretary for his support and thanked the State Government for the work done in drafting the new Municipal Act. He also thanked the apex bodies, civil societies and hoho for working together in executing and coming into an agreement.
Minister PHE and Cooperation, Jacob Zhimomi while debating on the Urban Local Bodies (ULB) extended appreciation to the Chief Minister and leader of the house for passionately listening to the voices of the CSOs, Tribal Hohos and took their views and suggestions into consideration. He said a consensus on ULB has been arrived at after holding several rounds of discussions at the consultative meetings.
At the same time, Zhimomi also cautioned that reservation after reservation will in the long run affect good and effective governance. He also appealed to the apex bodies to extend cooperation with the people of Nagaland and the government in order to bring effective governance.
Chief Minister and Leader of the House, Neiphiu Rio in his concluding remarks on Urban Local Bodies (ULBs) highlighted the 74th Constitutional Amendment Act, 1992, which incorporated provisions relating to Urban Local Bodies (ULBs) in the Constitution with a view to strengthen these bodies as vibrant democratic units of local self-government. Every State Government, including Nagaland Government thus came under the constitutional obligation to adopt the new system of municipalities in accordance with the provision of the Constitution (74th Amendment) Act, 1992.
He said the 73rd Constitutional Amendment Act which was for the local self-governments in the villages and rural areas across the country, yet Nagaland stood exempted. Therefore, we have continued with our Village Councils formed as per our customs and traditions under our own Act, he said. However, for towns and urban areas, there was no exemption given to the State in the 74th Constitutional Amendment Act, 1992, he added.
Consequently, the State Government enacted the Nagaland Municipal Act, 2001, making provisions for the constitution of Urban Local Bodies. However, starting from 2004, when Elections couldn’t be held in Mokokchung, and in 2008 also, and then in 2009 in the entire State.
In the meantime, the Nagaland Legislative Assembly during 11th Session of the 11th Nagaland Legislative Assembly in March, 2012 adopted the following 3 (Three) Resolution:
a. Reference of the Nagaland Municipal Act, 2001 for review of the Select Committee of the House.
b. Reference of Part IXA of the Constitution of India to Committee to scrutinize Parliamentary laws for application to Nagaland.
c. Suspension of Statutory process towards conduct of elections to Municipal and Town Councils.
The Nagaland Legislative Assembly during the 12th Session of the 11th NLA on 22nd September, 2012 adopted resolution to exempt Nagaland from the application of Article 243T of Part-IXA of the Constitution of India. The House further passed another Resolution that no statutory provision of the State which provides for matters similar to as contained in Article 243T of the Constitution of India shall have force in Nagaland. Subsequently, the Joint Action Committee on Women Reservation filed a Special Leave Petition in the Hon’ble Supreme Court seeking the Court’s intervention against the decision of the Government.
The 3rd Amendment Act, 2016, led to certain amendments of the Act, the most prominent being- all references and operative provisions relating to ‘tax on land and buildings’ wherever these occurred in the Nagaland Municipal Act, 2001 being omitted.
The 12th NLA in its 14th Session on 24th November, 2016 passed a resolution revoking the Resolution passed by it earlier under Article-371A(1)(a) of the Constitution of India on 22nd September 2012 exempting Nagaland from the application of Part-IXA of the Constitution of India.
In December 2016, the State Election Commission announced elections schedule to the ULBs, wherein the date of holding was scheduled on the 1st February 2017. There was, however, wide spread agitation and bandhs declared all over the State by various Tribal Bodies/Hohos and organizations representing the various tribes of Nagaland, mainly opposing the 33% reservation of women in the ULBs, he mentioned. As such, the Government was faced with a delicate law and order situation, where various government buildings were burned down and lives were also lost, he stated. The entire State machinery also came to a standstill from 31st January 2017 to 22nd February 2017, as the organizations had called for closing down of all Government offices and banned plying of all Government vehicles during this period.
In pursuance of the Hon’ble Supreme Court order, the State Government again decided to hold elections to the ULBs, but it was strongly opposed by the Tribal bodies and several CSOs, again on the ground that many provisions of the Nagaland Municipal Act, 2001 are in contravention of Article 371 (A). Several attempts were made by the Government over the years to conduct the elections to ULBs as per the directions of the Court.
In view of this, the 14th Nagaland State Assembly in its First Session repealed the Nagaland Municipal Act, 2002 in toto in the interest of our people, and the State. While repealing the Act, it was also decided that the new Act will be formulated in consultation with our Tribal Bodies and all others concerned, in consonance with the accepted customary practices and traditions including Article 371(A).
The repealing Act has been subsequently examined by the Hon’ble Supreme Court, where it had stated that Article 371 (A) is not being touched in any manner. The Hon’ble Supreme Court also gave one last of the last opportunities to abide by its directions, and the case is next listed on 26th September 2023, he said.
The State government while repealing the earlier Municipal Act had decided to enact a new law expeditiously for municipal governance. Keeping this in view as well as the clear directions of the Hon’ble Supreme Court, we have to move for a new legislation for Municipal Governance in our State and on the 11th of August, 2023, the Cabinet decided for Constituting a Committee/ Panel for drafting a New Municipal Act, he said. Accordingly, the drafting Committee/ Panel has submitted the draft Municipal Act to the Government for necessary action on 25/08/2023.
Meanwhile, a Consultative meeting with CSOs and Tribal bodies was convened by the State Government on 01/09/2023 to discuss on the matters pertaining to ULBs and the new Municipal Act, where Advocate General briefed the meeting and stated that provisions in regard to taxes on land and buildings, and properties have not been kept. The provision for 1/3rd reservation of seats in ULBs for women is present in the proposed legislation abiding the directions of the Hon’ble Supreme Court.
Rio also expressed his happiness on the views and suggestions contributed by Tribal Bodies and Organizations on this matter. Accordingly, the Cabinet has decided on 8th September 2023 that the new Nagaland Municipal Act 2023 will be tabled for consideration. (DIPR)