A test for lawmakers

After the Supreme Court issued a directive on the government of Nagaland on February 13, 2023 to issue notification by March 14,2023 for holding election to ULBs, the state did so on March 4,2023 after results of the assembly elections were declared on March 2. However, despite the acceptance among a cross section of society that implementing 33% women reservation in ULBs there were still voices among some prominent organizations who still opposed the move. However, the main focus of objection to the Nagaland Municipal Act 2001 was against clauses pertaining to tax on land and building. Some of the CSOs maintained that ceding to 33% women reservation was tantamount to compromising with Article 371A which safeguards customary laws and practices of the tribes of Nagaland from any Act or Law of parliament. The other strong plea against the Nagaland Municipal Act 2001 came from the Nagaland GBs Federation (NGBF) which argued that when Nagaland was created it came with safeguards under Article 371A and statehood did not come with creation of ULBs or panchayats as the Article ensured that no act of Parliament could not override Naga customary laws and practiced unless the state assembly resolves to accept such laws passed by parliament. In view of the Supreme Court’s ultimatum, the state government seemed consistent with conducting ULB polls. It may be recalled that fallout of the trying to hold the second ULB polls in 2017 is all too tragic to be forgotten so easily. These happened because of the mishandling by the then government, which rushed to hold ULB polls with the intention of getting blocked funds for ULBs released since civic bodies were not functioning because no polls had been held. On this, much of the blame can be attributed to the law makers for not applying their minds to the insistence of those opposed to 33% women reservation as well as the women litigants, supported by the People’s Union for Civil Liberties (PUCL) in fighting the case in the Supreme Court under a Special Leave Petition. While projecting that it was committed to hold ULB polls, wisdom seemed to have dawned upon the state government when it began to develop a second thought about the entire controversy. Parliamentary affairs minister K.G. Kenye spun the wheel of the opposition-less government by deeming the NM Act 2001 as a bad law. Taking a similar stand as the NGBF, that Nagaland was created with protective safeguards under Article 371A, the government said the NM Act 2001 had been enacted without realizing the far-reaching consequences it would have in inheriting constitutional provisions and the amendment – the 74th Amendment Act- in toto and worse, the state assembly does not have any power to amend the amended Act nor can it segregate any Act of the parliament by taking what suits the state and reject the rest. Leader of the house and chief minister Neiphiu Rio supplemented Kenye’s introductory remarks and cited recent statements by all apex tribe hohos, CSOs and in particular ENPO (having at least 30% of state’s population) who opposed ULB election and even threatening to prevent it from being held unless clauses in the NM Act 2001 were omitted. To cut a long story short- the 14th NLA resolved to repeal the NM Act 2001 and bring another Act to replace it; while the long story is how will the Supreme Court react and the constitutional argument that will fly through thick and thin.