Personal laws, Art 371A not touched in any manner: SC on Nagaland ULB issue

July 27, 2023 39 Views No Comment

Wonders why state with one of the best status of women should not welcome 1/3 representation

Morung Express News
Dimapur | July 27

The Supreme Court, on July 25, has categorically stated that “the personal laws of Nagaland and even the special status under Article 371A (1) of the Constitution is not being touched in any manner” by the mandate of the Constitution of having at least 1/3rd reservation of municipalities for woman.

“This is a state where education, economic participation and social status of women is one of the best,” the July 25 order by the apex court Bench of Justices SK Kaul and Sudhansu Dhulia.

“Thus our concern is as to why something as simple as giving them at least the 1/3rd representation in municipal governance should not be welcomed and action should not be taken in that behalf,” the Bench added, while hearing a plea filed by Peoples Union for Civil Liberties (PUCL) against the Nagaland government and the Nagaland State Election Commission for non-implementation of 1/3rd reservation in municipalities and town councils.

As per the July 25 order, available in public domain on Wednesday, in pursuance of the Court’s order on April 17, Additional Solicitor General of India (ASG) submitted that as per instructions that “Article 243T of the Constitution of India unambiguously applies” to the State.

The Court on April 17 had specifically asked the ASG to “assist us and place 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.”

The apex court was referring to resolution passed in the 1st Session of the 14th Nagaland Legislative Assembly on March 28 repealing the Nagaland Municipal Act 2001’ in toto with immediate effect’ and subsequent development thereafter including cancellation of scheduled Urban Local Bodies election by the State Election Commission (SEC).

Accordingly, the ASG further submitted that though customary law may not be recorded in writing, there is nothing to advance a plea that “religious or social practices of Nagas or Naga customary law and procedure deny the right of equality to women insofar as participatory process is concerned in such elections under Article 371 A (1) of the Constitution of India.”

Meanwhile, as per the order, the Nagaland Advocate General “for the nth time seeks to assure the Court that the constitutional scheme will not be violated and he needs some time to impress upon the relevant political dispensation that the only way forward is to determine the mandate of the Constitution of having at least 1/3rd reservation of municipalities.”

He further submitted that “discussions on a new Enactment in conformity with the same is in progress.”

After hearing the submissions, the Bench noted that the Central Government “cannot wash its hands off this issue where a constitutional scheme is provided.”

“Its task is simplified by the fact that political dispensation in the State is in line with political dispensation at the Centre,” it added.

However, in view of “impassioned plea” by the Advocate General, the Bench give him “one last of the last opportunities,” listing the matter for further hearing on September 26.

“We may only state that the personal laws of Nagaland and even the special status under Article 371A(1) of the Constitution is not being touched in any manner,” it added.

It must be noted here that on April 5, the Apex Court stayed the notification issued by the 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.

Earlier, 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.

The SEC had cancelled the ULB polls after the NLA March 28 resolution repealing the NMA 2002 citing “stiff voices of opposition” by the Tribal Bodies, Civil Society Organisations and every section of the society.

Regarding the action, the Supreme Court had previously observed that observed that the repeal of the NMA 2001 was itself an “ingenious method” adopted to evade the undertaking given to the Court.