Morung Express News
August 1
DIMAPUR: In a significant development, the Governor of Nagaland Shyamal Datta has returned the Nagaland Municipal (First Amendment) Bill, 2005 back to the Nagaland Legislative Assembly (NLA) with the ‘request’ that the House reconsider framing of the Bill in a way that fulfilled the requirements laid down under Articles 243-R and 243-T of the Constitution relating to Municipalities in urban areas. The Governor exercised this power conferred under Article 200 of the constitution.
According to the ‘message’ issued and signed by the Governor on July 21, the present Bill as amended had envisaged giving voting powers to nominated members while withdrawing the same privilege from the ex-officio members of the Municipalities. “Nominated members cannot have the power to vote as laid down in Article 243-R of the Constitution”, the Governor noted. With regard to the ex-officio members, the ‘message’ further stated that the Department of Law & Justice had given the opinion that the Constitution did not intend to disentitle them from voting.
Drawing attention on the Bill, the Governor further stated that the current Bill did not address ‘a major lacuna’ in the parent legislation, the Nagaland Municipal Act of 2001, in that it failed to make provision for reservation of seats for women. “Article 243-T of the Constitution makes incorporation of provision for reservation of not less than one-third of the total number of seats to be filled by direct election in every Municipality for women mandatory”, the Governor pointed out in his ‘message’ and affirmed that the State Municipalities would function better with due representation of women.
It may be mentioned that the Nagaland Municipal (First Amendment) Bill, 2005 was passed by the NLA on March 21, 2005 and was presented to the Governor for his assent. According to NLA Secretary N. Benjamin Newmai, the Bill as returned by the Governor for reconsideration by the House along with his message will be laid on the table of the House on August 18 when the Assembly session is slated to begin.
It may be mentioned that in order to address the issue of urban governance in a sustained manner, the then Congress government in line with the 74th Constitution Amendment Acts 1992 had enacted the Nagaland Municipal Act, 2001 to strengthen the urban local self government institutions.
The points raised by the Governor are likely to be debated within the next few weeks especially with the Assembly session beginning on August 18. Nevertheless the State Legislature in all likelihood should have the last say on this issue. If the NLA passes the Bill with or without amendments, Governor Shyamal Datta shall have no other alternative than to declare his assent to the Bill. Interestingly, the Governor has refrained from exercising his veto powers given to him under the constitution. As per his constitutional power Datta had the option to declare that he withholds his assent to the Bill, in which case the present Bill would have failed to become a law.
