Political will needed to defer polls in Nagaland. Can Prime Minister Narendra Modi deliver?

ECI note mentions of ‘constitutional amendment’ to stop ‘holding of regular elections’

Naga Republic News

The recent letter written to the Election Commission of India (ECI) by the Core Committee of the Nagaland Tribal Hohos and Civil Organisations (CCNTHCO) has mentioned about a crucial note issued by the ECI wherein it is stated that “holding of regular elections can only be stopped by means of a constitutional amendment”.

This revelation comes even as Union Minister of State for Home Kiren Rijiju put out a series of tweets pointing out that “holding of timely election is a constitutional process” and that the “the central government is bound by the Constitution”.

The mainstream media went buzzing with the narrative put out by the Minister.

Most news headline focused on the storyline, “holding of timely election is a constitutional process”, tweeted by the media savvy Rijiju. However there are not many media reports that talks of the letter written by the Naga civil society groups to the Election Commission of India.

It may be mentioned that the Core Committee of the Nagaland Tribal Hohos and Civil Organisations (CCNTHCO) in its letter to the ECI dated January 27 mentioned of the crucial note put up by the ECI on the functioning of the electoral system in India where the ECI has categorically mentioned the following:

“Holding of regular elections can only be stopped by means of a constitutional amendment and in consultation with the Election Commission, and it is recognised that interruptions of regular elections are acceptable only in extraordinary circumstances”

The letter by the Naga representatives was written on the understanding that the present political dispensation in Delhi can take the political initiative to defer conduct of Assembly Elections to a later date in consultation with the Election Commission of India.

According to a fact-check done by The Naga Republic, while the Election Commission of India is indeed an autonomous constitutional authority, its main responsibility was that of “administering election processes in India”. According to those having knowledge of the working of the constitution, the Election Commission “administers and oversees the conduct of elections”.

They point out that the ECI is therefore not supreme but must function according to the constitutional provisions, supplemented by laws made by Parliament. The major laws are Representation of the People Act, 1950.

In short therefore, political analysts argue that the Government of the day i.e the political executive, which is responsible to Parliament, has the power to decide in accordance with the constitution, including bringing constitutional amendments.

On the other hand Mr Rijiju on Tuesday said that holding of timely elections is a constitutional process and the government is bound by the Constitution.

“It’s a matter of having the political will. Prime Minister Narendra Modi has demonstrated such a will before when he had announced demonetization during a surprise television address, which made all 500 and 1,000 denomination notes invalid in one single stroke”, says a political observer.

I do hope that Mr Modi will not look at party considerations. He may be a BJP leader but he is the Prime Minister of India. He should take an objective assessment of the situation in Nagaland and decide on a course that serves the mutual benefit of all sides, including the need for a peaceful atmosphere to allow the dialogue to conclude soon. The Naga peace talks and solution that is in the offing should be above party politics, says the observer.

Mention may be made that Mr Rijiju is also BJP’s election in-charge for Nagaland. His comments come after all parties in Nagaland, including the ruling Naga People’s Front, yesterday decided not to contest the elections, agreeing to the demand of tribal bodies and civil society groups that the Naga political problem be resolved first.

All eyes will be on the response from the Government of India and whether the ECI will go ahead with the issue of Gazette Notification for elections in Nagaland, which is 31st January, 2018.

Core Commitee of Nagaland Tribal Hohos and Civil Organizations said that if the Election Commission of India goes ahead and issue Assembly election notification on 31st of this month, the Committee has no option but to take the matter to the streets and impose a statewide total bandh on 1st February.

A Joint declaration was signed on January 29 by all the representatives of both National and Regional Political Parties in Nagaland, the Presidents of all Hohos and Tribal Councils to come together in solidarity with the call for Solution before Election and defer the forthcoming State Assembly election due next month. The Declaration also stated that in compliance with the wishes of the people, the Political Parties have decided not to issue party tickets or file nomination papers.