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A call for the establishment of a bi-cameral legislature (Upper House) in Nagaland



This paper is a call for the establishment of Upper chamber of legislature in Nagaland so as to bridge the gap being created by its present electoral (political) system.
It is observed that the present political system we have in Nagaland is not suitable to the Nagas as a whole. We claim that we have a democratic form of government, but when we judge closely, the true ideals of democracy are missing in our system. Democracy stands for equality, liberty and fraternity; which means that all citizens are equal, all citizens are free and all citizens are brothers and sisters. But practically these ideals are not found in the present Naga democratic system.
We must, therefore, try to find a system that promote just society and. the system that work for the equal growth and development of every quarter of our land.
It can be noted that under the present electoral system, it is very difficult for a small village to elect an MLA (legislator), no matter how efficient their candidate may be. Under the present system, an individual has no freedom to exercise his franchise. The village councils take the decision as to who should be the candidate and whom to vote. The citizens are just to abide by the decision of the village council. Those who fail to abide by the decision of the village council are even excommunicated from the village. One must understand that in Nagaland if any individual's citizenship is lost in his/her native village then he or she becomes a social outcaste.
In most cases those villages with a huge vote bank are at the better position to own an MLA (legislator) permanently. Ultimately those villages in power and position are at the advantage to get more funds, more development, more employment etc. Some villages in Nagaland are derided as opposition village. The hard fact is that these villages are at the grave disadvantage in all fronts of development. In this way the modern electoral system in Nagaland has created gaps between the villages and a class among the citizens. According to Mahatma Gandhi, democracy is the government of the majority; it is not the government of all the people. That is why he propagated Sarvodaya, which means welfare of all as an alternative to democracy. Gandhiji advocated this alternative, because he saw the evils of democracy even in his days.
Nagaland is called the conglomeration of the village republics. Each village is a nation or state in itself. Therefore, the needs and aspiration of each village must be represented and must be taken care up. If these needs are not addressed then our claim of having a vibrant democracy is a farce. Therefore, in order to have a vibrant functioning democracy in our land, we need to have a re-look into our present democratic system.
One answer I find to rectify the defect in our political system is to introduce the Bi-cameral legislature in Nagaland. Bi-cameral system of legislature means to have two chambers of legislature: the upper house representing the village republics and the lower house representing the people (citizens). The upper house is also called the Legislative council and the lower house is called the legislative assembly. If it is properly regulated then the tribal hohos can also be given the status of the legislative council by statute. The Upper house must be a non-partisan permanent chamber of legislature.
Each tribal territory can be declared as a province. The tribal council (tribal hoho) can be formed by a representative from each village assembly. The tribal council can also be called provincial councilor any name that suits it. And the members of the provincial council can elect their representative(s) to the legislative council (upper house).
Certain criteria, like a bachelor's degree, as the minimum educational qualification may be fixed to be a member of the provincial council. This will make the legislative council truly a refined house. The representative of each village must be elected by their village assembly through the system of adult franchise for a fixed tern. Each member of the provincial council must be allotted certain amount of fund depending on the size of the village for implementing various developmental and welfare programmes in his own village. And a proper mechanism must be created to make the developmental works more transparent. This is also one way to strengthen our grass-root democracy.
In this way the voice from every nook and corner of Nagaland can be heard through the establishment of the Upper House. We can also call this system the most represented form of government, because each village gets their representation under this system. This can be the stepping stone towards realizing our dream of a vibrant democracy. Some of the states in India like Bihar, Maharashtra, Karnataka, Uttar Pradesh and Jammu and Kashmir are having bi-cameral legislature. Thus, this is something which is workable.
I am not an expert in the field. I am just putting forward this proposition to lead us to make deeper study and wider consultation on the issue. If the system is favourable, then Expert Committee may be formed to work on it by consu1ting the working of the bi-cameral legislatures of the above mentioned Indian states; the working of both houses of the Indian parliament and other bi-cameral legislatures of the world. But more importantly the traditional and present political realities of the Nagas must be taken into consideration. I am of the opinion that the present proposition shall stand relevant to the Nagas even after the settlement of the Indo-Naga political Issue.

B. Henshet Phom, Research Scholar
Dept. of Political Science
Nagaland University, Lumami

Comments (5 posted):

Yeptho on September 02, 2008 11:02:06
morungexpress
Well Mr. Phom you have said it. For a long time I have also been thinking of that. How can we represent our village. First let us note the structure of our society. Every adult in a village is a member of the village council (VC). VC to Area Council or Range council and this links to the tribal council. Therefore, the selection/election to LC must come from the bottom. i.e; VC to AC/RC to TR and to LC. We should get more suggestions in this to work out.
NKA on September 05, 2008 04:01:15
morungexpress
Bi-cameral legislature is widely practised in most of the countries. However, the concept of "village republics" to be represented in upper house in a bi-cameral legislature is intriguing. How can we have "village republics" when Nagaland state is a unit of Republic of India? A village cannot be a sovereign.

To quote B.H Phom, "The village councils take the decision as to who should be the candidate and whom to vote". This is utter nonesense. Why can't the individual take his/her own decision? If the village council takes decision on your behalf to vote in the election, you have the right to protest their decision. It is due to ignorance of the people that councils are misusing democratic rights.

Candidates not winning from small villages cannot be the fault of existing electoral democracy. The size of villages can never be the same. Certain number of villages/towns are grouped to form a constituency. In each constituency, any number of candidates can contest elections. As such, the size of a village does not matter to elect capable candidate. The votes of a constituency as a whole matters. Sadly, "the cash is king" in Nagaland to elect our representatives.

Please, B. Henshet Phom but as a Research Scholar in Political Science, you're expected to give more realistic research article.
kwlongkumer on September 06, 2008 12:45:01
morungexpress
I believe the present Indian form of Election is not compatible with the Naga system. It works for other states because delimitation happens from time to time but even delimitation is a big no for Nagas. So I agree some villages/individuals have the advantage over others. Either bring the villages under the People's Representation Act of 1951 (in action) or change the system. The ground reality is so bad that a person cannot even contest unless his own village council allows him. So kiss ass the VC members along with some payments and you became a candidate.
Mazie on March 03, 2009 12:40:54
morungexpress
We're thinking along similar lines. Here's mine:

The role of the Council of Elders will be very similar to the House of Councillors in the Japanese parliamentary system of government, except without any binding power or salary.

* Qualifications: Age 50 or above, having wisdom and experience.

* Terms: Each tribe to elect one representative for a term of 10 years.

* Privileges: Much prestige, free housing, and fringe benefits.

* Serve an advisory role to the Legislative body: They will have no overriding power except the power to delay any legislative bill for up to 60 days for reconsiderations by the lower house or endorse it before submission to the Governor.

* Serve a deliberative role to discuss issues of concern to the nation and enjoy unlimited influencing power in shaping public policies.

* Serve as the representative faces of the tribes they represent at local, State, and/or national level.

* Serve as government figure-heads in most ceremonies and functions arranged by the public or interest groups so that elected officials may be protected from making hasty promises/donations on the spots.
on April 10, 2009 06:37:38
morungexpress
Nagas are at the apex of corruption.we talk of customary,changes etc.However unless inner changes comes to every heart,Whatever changes will only suit the rich and those selfish mighty.So as for now nothing will bring magic to poor people like me.

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