DIMAPUR, JANUARY 17 (MExN): Nagaland Chief Minister, TR Zeliang today stated that holding the ULB polls with 33% reservation for women in the state is a “constitutional obligation that the State Government cannot escape from.” Addressing NPF party candidates from 9 Town Councils this afternoon at Kohima at the party Head Office, the Chief Minister said reservation for women in ULBs was not brought about by any enactment of the Parliament or the State Legislature but is a Constitutional provision as provided by Article 243 T of the Constitution.
He said that those who have filed their nominations have not done anything wrong but are following the laws provided and required by the Constitution of India as well as adhering to the principles and ideologies of the NPF.
He further lamented that what is a Constitutional obligation to be performed by the State Government has been misunderstood, misinterpreted and even politicized in certain cases. “Had we complained before the provision of the Constitution was incorporated in 1993, Nagaland perhaps could be exempted from reservation for women in ULBs. But now, it is too late since Article 243 T is already a Constitutional provision which we cannot do away with,” he said. He also clarified that there has been a misconception in the minds of the Naga people that the State Assembly can do away with all laws and rules of the Central Government if Nagas do not want them.
“Article 371 A clearly says that ‘not withstanding anything in the Constitution, no Act of the Parliament in respect of’ four points ‘shall apply to the State of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides.’ We must differentiate here what are Acts of Parliament and what are Constitutional provisions. Article 243 T which gives reservation for women in ULBs is not an Act of the Parliament which Nagaland Legislative Assembly can decide whether to adopt or not – it is an Article of the Constitution of India which we cannot decide whether it should be applied to Nagaland or not. As long as we are part of the Union of India, the Constitution of India will be binding on us and we cannot deny this fact,” the CM explained.
He added that debating over an Article of the Constitution of India as to whether it should be applied or not is a “futile exercise.” “The resolution adopted by the Nagaland Assembly in 2012 has been questioned by legal luminaries on the grounds that only the Parliament is competent to exempt any State from the purview of any part of the Constitution of India and so the Assembly had to withdraw that resolution last year to rectify the legal anomaly,” the Chief Minister said and added that the State Government was required since 1993 to give effect to the Constitutional provision which gives reservation for women in ULBs.
“Implementation of Article 243 T is a Constitutional requirement on the part of the State Government and failure to do so would amount to failure of Constitutional machinery which would not bode well either for the State Government or the people of the State,” the CM said. He meanwhile urged the candidates of the party to be firm in their conviction and go ahead with the elections to the ULBs. He also encouraged all legislators and candidates present in today’s meeting to “reach out to various tribal and social organizations and appeal to them to let the due process of the elections to the ULBs as notified by the Government be conducted peacefully.”
Others who addressed the meeting attended by candidates from the town councils of Shamatore, Meluri, Phek, Aboi, Naginimora, Longkhim/ Chare, Noklak, Pungro and Kiphire included Ministers Y Patton, Toheho Yepthomi, Longon, Nuklutoshi, Advisor SI Jamir, Parliamentary Secretaries Tohanba, Yollow and MLA Azo Nienu.
Rajya Sabha MP and Secretary General of the party KG Kenye and Party President Dr Shurhozelie Liezietsu also addressed and exhorted the gathering.
