‘Ingenious method’ to evade: SC on Nagaland’s repeal of Municipal Act

Asks Centre to clarify whether women reservation can be violated by process adopted 

Morung Express News
Dimapur | April 18

The Supreme Court on Monday observed that the repeal of the Nagaland Municipal Act (NMA), 2001 was itself an “ingenious method” adopted to evade the undertaking given to the Court and asked the Union of India to clarify whether the constitutional scheme for women reservation is violated by the process so adopted by the Nagaland Government.

“There is hardly any hesitation on our part to note that what is sought to be done is in breach of the undertaking given to this Court,” further observed the Bench of Justices S K Kaul and Aravind Kumar, on the repeal of the NMA 2001. 

Accordingly, the Bench asked the Additional Solicitor General (ASG) to assist the Court and “place on record the stand of the Union of India whether the constitutional scheme of 1/3rd reservation for Municipalities and Town Councils, in the opinion of the Central Government can be violated by the process so adopted by the Nagaland Government.”

While asking for the Union of India’s assistance, the two-judge Bench further opined that in the context of Article 371-A of the Constitution, which pertains to special provision with respect to the State of Nagaland, no plea of infringement has been emerged so far. 

“…In respect of the special provisions with respect of State of Nagaland under Article 371A of the Constitution of India, nothing has so far emerged to advance a plea that religious or social practices of Nagas or Naga Customary Law and Procedure denies the right of equality to women insofar as the participatory process is concerned in such elections,” stated the order issued by the Bench on April 17. 

To this end, the Bench granted the ASG two weeks’ time to place the Union of India’s stand on record, listing the matter pertaining to ULB election in Nagaland for further hearing on May 1. 

It must be noted here that the Apex Court, on April 5, stayed the notification issued by the State Election Commissioner (SEC) Nagaland on March 30 cancelling the ‘Election Programme’ for conduct of election to 3 Municipal Councils and 36 Town Councils” in Nagaland till further orders.

On March 14, the SEC submitted before the Apex Court a notification dated March 9 informing that the civic polls in Nagaland are scheduled for May 16 and the model code of conduct has come into force. 

However, the Court was informed during the last hearing on April 5 that the ‘Election Programme’ has been cancelled. 

In this connection, the Court stayed the SEC’s March 30 notification while observing strongly: “The order of this Court dated 14.03.2023 despite making it clear that any endeavour to tinker with the local elections now would be in breach of the orders of the Court either by the Election Commission or the State Government.”

The SEC had cancelled the ULB polls after following resolution passed in the 1st Session of the 14th Nagaland Legislative Assembly on March 28 ‘repealing the contentious’ – as perceived by the tribal bodies – Nagaland Municipal Act 2001’ in toto with immediate effect.

In the resolution, the House cited “stiff voices of opposition” by the Tribal Bodies, Civil Society Organisations and every section of the society,” to justify the repeal. 

The NLA further “unanimously resolved” to “expeditiously” enact a new law to govern the ULBs taking “into consideration once and for all the grievances of all the interested parties so that the elections could be conducted in accordance to law.”

Nagaland Chief Minister, Neiphiu Rio on April 15 said that a concrete decision will be made for the good of the State on ULBs issue after discussion with stakeholders.

Meanwhile, as per the PTI news agency, during the hearing on April 17, the counsel appearing for Nagaland referred to the sequence of events and said several groups have called for a boycott of the elections and, in such a scenario, the purpose of holding the polls would be lost.

To this, the Bench posed, “But we gave you a very, very long rope…. You seem to say this is not a men and women issue but to us it appears to be a men and women issue. For how long will this section of society (women) wait?”

It further noted that women empowerment comes by education and also political participation and added: “Every society had a period of time where there was male domination… If sometimes, the political dispensation does not do anything, then it needs a push from the judiciary.”

As per the report, when the State’s counsel contended the government is not against reservation, the Bench said: “Actually the state did not want quota for women and so it was repeatedly coming up with one issue or the other to stall the elections.”

The Apex court is currently the hearing of a plea filed by the People’s Union for Civil Liberties (PUCL) and others relating to the elections for all the Municipalities and Town Councils in Nagaland, including the constitutional mandate of 33% reservation for woman.