In reference to the rejoinder written by Er. E. Kithan, MLA on 11/11/12 in your esteemed daily, I have been constrained and pressurized by the public to say that the writer has written the matter irrelevantly and out of context. Hence, it is considered necessary to make the following clarification in the interest of the public service.
That there is no dispute at all for the power to legislate by the Nagaland Legislative Assembly under the Article 371A of the Constitution. The house can make laws, pass resolutions as far as they conform to the right constitutional and legal provisions as a public office in the interest of public service. But unfortunately, the house by mistake has passed unconstitutional and illegal resolution in 2010 and 2012 violating the ARTICLE 371A (IV) of the Constitution which is considered challengeable by the public and the Court of law respectively. In a similar context, the former Supreme Court of Justice wrote to Mamata, “we all make mistakes but a gentle man is one who realizes his mistake apologizes”. Under the principal of the supremacy of the rule of law, even the President of India is under the rule of law and not above the law. The Parliamentarians in the Parliament and the legislators in the States function as good law makers and law breakers. Durga Basu, one of the most eminent Constitutional experts in the country explained the principle of the rule of law as follows :
Rule of law’ is the basic rule of governance of any civilized policy. The scheme of the Constitution of India is based upon the concept of the rule of law. Everyone whether individually or collectively is unquestionably under the supremacy of law. Everyone, whether individual or collectively is unquestionably under the supremacy of law. Whether the person may be, however high he or she may be”.
By the aforesaid resolutions of the Assembly, the Government has become an intruder and trespasser in a private land and landed property of the Naga public. How can the Welfare State become a land owner in some private individuals land by passing unconstitutional and illegal resolutions? If the trend continues without repeal of the resolutions a time may come that the Government may forcibly seize the lands, houses and assets of individuals, clans, villages and community leading to Civil War which is not desirable in a democratic country.
In a parliamentary democracy, election is held once in every five years to elect right representatives of the people. The basic function of the elected representatives is to do their best for the welfare and development of the people and the land and not to deprive them of their constitutional and legal rights. Hence, it is considered urgently necessary to repeal the aforesaid unconstitutional and illegal resolutions to usher peace and development which the Democratic Alliance of Nagaland has resolved to deliver ten years back. So that the Government of the day may not become fascist dictator but continue to be democratic both in theory and action by waling the talk.
Dr. E. Renphamo Lotha
Fmr. Law Officer and Advocate
