CMO argues for exempting Nagaland from Part IX-A of Indian Constitution

Kohima, February 6 (MExN): In a war of words that gets more convoluted by the day, the Chief Minister’s Office (CMO) of the Government of Nagaland has decided to respond to the ‘shock’ expressed by the Nagaland Tribes Action Committee over its decision to seek exemption from Part IX-A of the Constitution of India.  

Giving in to pressure, the Government has felt that it should close the chapter on women’s reservation in Urban Local Bodies (ULBs) in Nagaland completely as the “best option” at the moment.  

“The JACWR had already submitted a petition in the Supreme Court for withdrawal of their petition seeking implementation of 33% Woman reservation in Nagaland ULBs. But even after the case is withdrawn, India being a free nation, any person, lawyer or woman activist, not necessarily a Naga woman, may file again a similar petition. In that event, it will be back to square one,” stated a press release from the CMO’s Media Cell today.  

It justified that the State’s Advocate General and other legal experts have opined that at present, Nagaland is not exempted from the provision of Article 243T under Part-IXA of the Constitution, and that “Article 371A cannot come to our rescue in this matter, as the Constitutional provision only aim for participation in the ULBs.”  

Thus, the State Cabinet’s collective “wisdom” has suggested that “exemption of Nagaland from Part- IXA, which has to do with ULBs, in the same way as Nagaland has been exempted from the application of Part-IX (73rd Amendment), which relates to Panchayats,” stated the CMO.  

“It was because the State of Nagaland was exempted from Part-IX of the Constitution, we Nagas continue to have our own established Village Councils as per our respective tribe’s customs and traditions. In the same way, if Nagaland is exempted from Part-IXA, the Nagas will have liberty to constitute our own Municipal Act as per our own choice. This will effectively remove any fear and apprehension in the minds of the people about the possibility of 33% Women Reservation diluting the provisions of Article 371 A,” offered the CMO.  

It felt that this “appears” to be the “best option” if the State Government and “all the stakeholders” cannot arrive at an “amicable solution” to the issue. The logic is that if Nagaland State is exempted from the “mandatory provision” under Article 243T for 33% women reservation in ULBs, the elections to it can be held without adherence to any such rule, thereby putting the issue “to rest” and “avoid further misunderstanding among the people.”  

Having made this suggestion, the CMO hoped that “right thinking citizens” will “actively and positively” contribute to “finding the best possible way out, by way of dialogue and sitting across the table, so as to usher in a peaceful future for the young and upcoming Naga generation.”  

Clarification on consultative meet

In a Corrigendum to the information on consultative meeting called by the Chief Minister, it stands corrected that the meeting called on February 8 at 10.00am will only be with the ‘various tribal hohos.’ The Chief Minister will meet with the Naga Hoho, CNTC, ENPO and All Nagaland GB Federation—four members each—on February 9, 10:00 am, at the State Banquet Hall. The Corrigendum was sent from the CMO through Commissioner & Secretary to the CM, I. Himato Zhimomi.



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