Elections and Customary Law—the need for reforms

Dominic Yazokie
Kohima | November 20

The Naga Customary Law was given special status by an enactment of the Parliament in the late 1980’s. However, our State has not been able to evolve a system of elections by exercising this privilege. An election system, that is free from malaises of money power, muscle power, booth capturing, rigging and proxy voting is urgently needed for enactment by the law-makers. The present election system not only has the aforesaid unhealthy practices but has become the origin of a vicious cycle of corruptions in the Government. The cycle begins with the exorbitant expenditure of the candidates, and with the stakes gone too high, resorting to any means becomes the only means and ironically the meanest gets elected as the honourable leader of the people. The outcome results invariably are (a) guilty conscience, (b) hatred among the candidates and supporters, (c) debts and (d) vengeance. Thus the outcome results negate the end results of the elections today.

A solution by legislation for electoral reforms under the purview of Customary laws and practices is perhaps worthy of considerations by the legal Experts, Church Forums, Student Organisations, Public Hohos and above all the present Legislators. Some concerned individuals feel that the following model could be adopted.

Village Councils model: 
a.    A common Minimum qualification be set for all candidates; by the Constituency.
b.    All candidates declare assets and service; to the Village Council.
c.    Every Village conduct preliminary round of selection by lot to one candidate for each political party.
d.    Candidates from all villages of the Constituency be further reduced to one candidate each for every party by lot, drawn by Chairman of the Village Council.
e.    The final draw of lot on the fixed date conducted by the Election Commission and declared ‘Elected’ as per Constitution.
f.    The oath of service to the people and sworn-in as Member (MLA) of the party.
g.    Government formation procedure should remain the same; as now.
h.    Any defection should disqualify his Membership form the ‘House’ and further candidature; instantly.
i.    The ‘Local Area Development Fund’ should be directly drawn/deposited to the VDBs of each village; account.
j.    By tenure end if assets accrued more than double the prior declaration, candidature should be debarred, at the second stage of lot at (d); when seeking consecutive tenure.

    The ‘Village Council’ system has today become a Customary Practice and therefore should be deemed under purview of Customary Law. The village councils and their Panchayats in the villages and the Ward Councils and their Panchayats in Municipalities and Towns should be treated at par.

 



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