When two worlds collide

 Every time the issue of election to the Urban Local Bodies arise in Nagaland, it also invariably resurrects the contentious issue of implemention of the 33% reservation for women. Elections to ULBs in Nagaland was due in 2010 but could not held due to legal wrangles and opposition against the 33% women reservation. Now, the government has to decide on holding polls and cannot postpone it indefinitely. Nagaland has missed receiving major funds from the Central government for the ULBs since no elections have held as mandated. After deliberations with various apex Naga tribal bodies, the government had thrown the ball at a committee tasked with the job of giving recommendations to the government after which the Cabinet will take the call on holding elections with some form of quota for women. Earlier, when the ULB polls were notified in 2017, a women group insisted that the ULB polls have to be held under Part IXA of the 74th Amendment which they say, supersedes even Article 371A of the constitution of India. Article 371A is a special provision for Nagaland which protects among others, (a) (i) religious or social practices of the Nagas; (ii) Naga customary law and procedure. Those opposed to the quota issue maintain that if the laws that confront the spirit of Article 371A are implemented through such arguments, then it would not only negate the special provision but also render it invalid. Bowing to demands from women groups, the DAN-I government in 2006 passed an amendment in the house to include Article 243T of Part IXA of the constitution of India to the Nagaland Municipal Act 2001 for inclusion of the 33% women reservation in Urban Local Bodies(ULBs). However, the DAN-I government developed cold feet to hold elections to the municipal and town councils, which were due in February/March 2010. The next DAN-II government then took up the matter after to the house which subsequently led to adoption of another resolution on September 22,2012, that revoked the earlier 2006 resolution by making Article 243T of Part IXA inoperative in Nagaland. When the government decided to rush to hold elections to ULBs by doing an about-turn, it caused resentment. Public felt they were being taken for a ride because their doubts and apprehensions were not addressed. The ruling DAN-III government then hurriedly convened the house where the one-day sitting on November 24,2016 revoked the September 22,2012 resolution by an ‘opposition-less’ assembly. In April 2016, the Supreme Court stepped in after admitting a special leave petition filed by NMA , challenging the constitutionality of a 2012 resolution by the Nagaland Assembly exempting the state from reservations. The court ordered that elections be held, with one-third of the seats reserved for women, and the government agreed. On December 15,2017 the Nagaland Legislative Assembly then passed the resolution revoking the November 24,2016 resolution that had made Article 243T of Part IXA inoperative. Polls were announced but tribal organisations vehemently opposed it and ultimately the government withdrew the notification till the matter was resolved. Protests against women’s quota turned violent and NMA withdrew its name from the SLP. If any other organisation decides to take up the same issue in the Supreme Court, Article 371A will stand exposed to probable scrutiny and possibly invalidated if deemed as a bad law. Thus, the Nagaland Municipal Act 2001 had been amended four times and it is not certain if it will have a smooth passage with or without Part IXA.