This reply of the Nagaland Bar Association (NBA) is directed to the rejoinder issued by the Municipal Affairs Department, Nagaland, and the Legal Cell, Naga People’s Front, (NPF) published in some of the local dailies regarding the views given by the Nagaland Bar Association in respect of Municipal Laws in the context of the provisions of the Constitution of India.
As regards the rejoinder issued by Menukhol John, Principal Secretary, Municipal Affairs Department, he has rightly quoted the provisions of Article 244 of the Constitution wherein Clause (1) provides that the Fifth Schedule shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in any State other than the States of Assam, Meghalaya, Tripura and Mizoram. Hence, we herein reiterate that the Constitution (Scheduled Tribes) Order, 1950, (C.O.22), the Scheduled Part II – Assam, Item 12 – Any Naga tribe, followed by the Constitution (Nagaland) Scheduled Tribes Order, 1970 (C.O.88) the Schedule is under enforcement in the State of Nagaland by virtue of the words “Scheduled Tribes in any State” as provided under Article 244 (1) which is rightly cited in the rejoinder issued by the Municipal Affairs Department. However, the Government Authorities are contradicting themselves despite quoting the relevant provisions of the Constitution in their rejoinder. We ought also to make it clear that the Constitutional requirement under Fifth Schedule of the Constitution to notify is only in respect of Scheduled Areas and not Scheduled Tribes as because Scheduled Tribes are notified by the Scheduled Tribes Orders. Hence, the question of requirement of the Naga Scheduled Tribes to be notified under the Scheduled Areas does not arise. So also, the Constitutional requirements of reservation of seats in Municipalities for Scheduled Caste, Scheduled Tribes and Women arises only where the State is dominated by General Category of people, Scheduled Caste and Scheduled Tribes. However, Nagaland being purely a tribal state, the question of applying Chapter IX A of the Constitution does not arise. As such, the authorities of the Government are fooling themselves and intellectual sections of the society shall not fall prey to this.
As regards the statement issued by the Legal Cell, NPF, as a collective body of the learned profession, the members of the NBA either singly or collectively are guided by the clear conscience in law that there is no question of challenging any policy matter of the Government before any legal forum. Needless to teach that policy matters of the Government cannot be challenged before a judicial forum. Also as appeared in some of the local English dailies, the NBA never convened any press conference or issued any press release with regard to Municipal matters. However it was the members of the Press who personally approached the NBA office soliciting the opinion of the Bar on the current municipal issues. In this regard, we would like to make it clear that under the law of ethics or under any statutory enactments, there is no prohibition to talk to the media whenever called upon and our views solicited in matters of public interest. Hence, the Legal Cell, NPF, being manned by learned people under a political party is expected to know the law unlike private individuals.
Tali Ao President Nagaland Bar Association
V. Hukavi Zhimomi Secretary Nagaland Bar Association
