Women reservation in local bodies is a non issue in relation to Article 371 (A), but the reported statement of Naga Mothers Association (NMA) leaders at the Supreme Court of India that “Reservation for women in local and urban decision making bodies of the Panchayati Raj and Municipalities has been guaranteed through the 73rd and 74th Amendment of the Indian Constitution, which supersedes Article 371 (A)” is misleading and contentious, forming the crux of the present women reservation crisis.
The statement by NMA aforesaid suffers from two absolute fallacies. The first is that 33% reservation for women in Panchayats as mandated in Article 243 (D) of Part IX of the Constitution of India is inapplicable to Nagaland, in view of the exception granted in Article 243 (M) which says that Part IX of the Constitution will not apply to Nagaland, Meghalaya, Mizoram and Hill Areas of Manipur. The second fallacy is the opinion of the NMA leaders that Article 371 (A) is subject to other provisions of the Constitution of India by claiming that Article 371 (A) cannot supersede other provisions of the Indian Constitution. The NMA leaders should understand that Article 371 (A) starts with the non obstante phraseology “Notwithstanding in the Constitution” which means all other provisions of the Constitution, including the 73rd and 74th Amendment Acts, stands superseded is contrary to the claim of NMA, which is unfortunate. Article 371 (A) is the ‘Supreme Law’ that empowers Nagaland to be the Supreme Legislative Body in the state, superseding all other Parliamentary Laws, including the Constitutional Acts and Enactments.
Whenever, in a law, the words “notwithstanding anything” are used; it means it is a ‘Supreme Constitutional Law’ capable of superseding any other provisions. It is pertinent to mention here that Mr Asoke Sen, the then Law Minister, Government of India, when Article 371 (A) was being enacted declared in Lok Sabha, New Delhi, on 28th August, 1962 that “Nagaland Legislative Assembly has the unique legislative powers of superseding the Central Laws”. This Supreme Constitutional Law did not fall from the sky, but out of the great sacrifices, at the cost of countless precious lives, blood and tears, of the Naga patriots to safeguard our future. It is therefore my humble appeal to leaders of all political parties including NMA leaders and the state executives not to just wash away down the drain of history, the supreme sacrifices laid as aforesaid but to adhere and abide by its principles. The law doesn’t protect the slumber. The Nagaland State Legislative Assembly members must fully understand their serious responsibility to protect the already established political and legal position guaranteed by the Article 371 (A) provision which is the unique fact of their political history.
Under the circumstances, my prayer and suggestion is that the NMA leaders should have wider and serious consultations before submitting its statement to the authorities or Supreme Court of India. The NMA claiming that the Nagaland Legislative Assembly does not have the powers to supersede Constitutional Acts is an erroneous admission and comment, having serious implications on the privileges and exemptions enjoyed under Article 371 (A), putting us in serious jeopardy.
I, like many other Nagas are in favour of 33% women reservation in local and urban decision making bodies, which is the need of the day for holistic growth and development. In the year 2000, the United Nations (UN) resolved and declared the Eight Millennium Development Goals (MDGs). The 3rd MDG aims ‘to promote gender equality and empower women.’ According to John Butler, the purest form of democracy existed in our country even in the ancient times. It means the purest form of democracy is part and parcel of our tradition and customary practices. Equality is the most important element and the centre point of democracy and we know that the essence of equality is realized, only when the lesser and weaker section of society is protected. As such, the UN resolution is the need of the hour, for our upliftment and betterment in community living. Accordingly, India too, has adopted and incorporated it in its 74th Constitutional Amendment, providing seat reservation for ST/SC, including women in the Municipal elections.
It will be in the interest of Naga women in particular and the Naga brethren in general, if the NMA leaders do not cross the perimeter on the subject matter of reservation to political greed and arrogance without botheration to infringe the hard earned Constitutional Supremacy of the Nagas, which may invite more criticism and problems, as is in the present case. Therefore the reported erroneous statement in the Supreme Court should be rectified and admit the mistake, without conditions before it is too late for the healing of the big Naga family.
Kuolachalie Seyie, Chairman, Kohima Environment and Sanitation, NBCC, IG Stadium, Kohima
