Article 243T.Reservation of seats; quote clause (2) Not less than one– third of the total number of seats reserved under the clause (1) shall be reserved for woman belonging to the Scheduled Caste, or as the case may be, the Scheduled Tribes. (3) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Caste and the Scheduled Tribe) of the total number of seats to be filled by direct election in every Municipality shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Municipalities,
Article 371A. Special provision with respect to the State of Nagaland; (1) Not withstanding anything in this Constitution; (a) No Act of Parliament in respect of:
(i) Religious or social practices of the Nagas, (ii) Naga customary law and procedures, (iii) Administration of civil and criminal justice involving decisions according to Naga customary law, (iv) Ownership and transfer of land and its resources, shall apply to the State of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides;
The State of Nagaland was created by the constitution (thirteenth Amendment) Act, 1962 with effect from 01-12-1963 by giving special provision with respect to the State of Nagaland which are enunciated above.
Many have propounded as regard to the various Rights and Privileges Provided under the provision of Article 371(A) of the constitution for the State of Nagaland.
The Nagaland Municipal Act 2001(Act No.10 of 2001) was passed by the Nagaland State Legislative assembly which received the accent of the Governor of Nagaland on 26.9.2001 and published in the official Gazette Extraordinary Dated 18th Oct. 2001 and Article 243T came into effect in the State of Nagaland thereby 33% Reservation for Women provided under Article 243T became applicable in the state of Nagaland.
The said Act was amended in the year 2006.
That with the approach of Municipal Election, several discontentment as to the applicability of 33% Reservation for Women provided under Article 243T of the constitution aroused and the government was embroiled with representations from different tribal Groups against the reservation and demand for implementation from Women Organizations. This resulted to stumbling in carrying out of the Municipal election in the state of Nagaland in the scheduled time. However since the government did not concede to carry out as per the rule, the Naga Mothers’ Association approached the Hon’ble High court seeking for relief for implementation of the 33% reservation for women as stipulated in Article 243T of the constitution which was resolved by the State Assembly 2001.
In the midst of the tussle between different groups, the State Legislature under Rule 221-A(1) appointed select committee to revisit the issue of 33% reservation and on the strength of the report submitted by the select committee, the Nagaland Legislative Assembly adopted a resolution on 22nd September, 2012 to exempt PART IX –A of the constitution of India pertaining to 33% reservation of seats for women in Municipal and Town Council in the State which nullified tussle the Act of 2001.
Meanwhile the tussle has now reached the Hon’ble Supreme Court which is pending disposal as per media report.
That since Article 371A envisages that No Act of Parliament in respect of: (ii) Naga customary law and procedures, shall apply to the State Of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides; therefore In the context of the Resolution passed by the Nagaland State Assembly on 22nd September, 2012 which exempt Part IX-A of the constitution pertaining to Art. 243T on 33% women reservation in Municipal and town council the applicability of reservation in Nagaland has become redundant unless the Legislative Assembly makes further amendment. Therefore, cabinet decision unless it is resolved in the legislative assembly, it cannot be enforced as it will be contrary to the special provision given to state by the constitution.
P. Pius Lotha Former Additional Advocate General, Nagaland
