Dimapur, April 18: The Supreme Court on Monday issued notices to Nagaland chief minister Neiphiu Rio, state Chief Secretary and tribal leaders for repealing the Nagaland Municipal Act and violating an undertaking given to the Court to roll out 33% reservation for women in local bodies elections.
On March 29, the state assembly repealed the 2001 law, leading to cancellation of municipal election proposed to be held next month.
Finding the “ingenious” method adopted by the state to be a clear violation of its March 14 order directing elections to 36 town councils and three municipalities, a bench of justices Sanjay Kishan Kaul and Aravind Kumar said, “There is hardly any hesitation to note what is done is in breach of the order of this Court.”
Posting the matter to May 1, the bench asked the Centre to respond whether the state was justified to act in this manner when there is no justification under the Constitution for not implementing the same. “The Centre cannot let a part of a country, particularly in the process of assimilation, go against the constitutional scheme,” the bench said. “You will have to find a solution,” it added.
Additional solicitor general KM Nataraj, appearing for the Centre, told the court that the state has taken the defence of Article 371A of the Constitution. This relates to special provisions for Nagaland where any Act of Parliament in respect of religious or social practices of the Nagas, Naga customary law and procedure, administration of civil and criminal justice, and ownership and transfer of land and its resources, will be applicable in state only by a resolution adopted by the state assembly.
On the other hand, Nagaland advocate general KN Balagopal sought a last chance from the court. “There is a climate of negotiation prevailing where we are trying to convince the tribal leaders that implementing the reservation as part of Part IXA is in the interest of development of state as it will get grants,” he said.
He further added that the issue was not of men versus women as out of the 15 tribal groups, eight have raised certain inconsistencies in the law where they apprehend that women could tinker with inheritance rights.
The tribal heads known as ‘hohos’ have sought a guarantee that “33% women reservation does not infringe Article 371-A” and proposed that the tenures or the time duration of the application of 33% women reservation be fixed.
