This article is not intended to teach anybody, but I am prompted by the way an anonymous NPF MLA who lodged complaint in the public domain that his party used to whip and muzzle therefore not free from putting questions pertaining to developments as though either he is imprisoned or as there are no facilities for him within his sphere.
No doubt good governance much depends on the leadership of the government. Much can be achieved under a leader who is God fearing, and much more can be achieved if that leader is pro-active in promoting the genuine Gospel missions in cooperation with the Churches for we are Christians. However, to have a delivering, transparent and effective government in our democracy, the ability, the integrity and the sense of accountability of the treasury bench to public will still be found wanting and it cannot fetch the desired result. Indeed, a robust and hardworking Opposition bench plays vital and indispensable role in good governance. To always keep the government alert and on tender hoof for any issue concerning the interest of Nagaland is the primary duty of the Opposition.
The absence of opposition has indeed impaired a government. It can therefore be compared to that of a man having only one eye or partially deaf or to a man who has a single arm or leg. Yet, he is also a man as good as any other person who has no deformity. The sole difference will be the performances between the two.
In order to let a government perform, the parliamentary democratic rights and opportunities are provided to elected members in the Rules of Procedure and Conduct of Business in Nagaland Legislative Assembly which was adopted on 17th August, 1964 and edited from time to time. Under the Rules, an MLA has the following opportunities to participate and seek for answers both verbal and written, raise issues and submit suggestions.
1. An MLA can put up any question to any department in written to Secretary, Assembly with 10 days in advance to the date of commencement of Assembly session either as Starred or Un-starred as per Rule 31 read with Rule 37. The first one hour of every sitting from 9:30 a.m. to 10:30 a.m. is exclusively reserved for Question and Answer. It begins with starred Questions and answers with instant supplementary questions. This one hour is the gruelling session particularly for the corrupt and non-performing ministers. When all the set questions for the day are covered within less than one hour, the Un-Starred questions to which written replies are laid can be covered with supplementary questions, if any, for the remaining minutes.
2. Zero Hour: When the House resumes after tea break or lunch break, an MLA can raise an issue which is of urgent public importance without prior notice to Speaker under Zero Hour. When Speaker allows, the Leader of the House or any concerned Minister may be required to respond.
3. The Governor’s address and the Motion of Thanks: In the first Session of every year, it is mandatory for the Governor to address the House. Following which the government moves for thanks to Governor for having addressed the House. This is the opportunity for the Opposition to move for amendments in written to any point or issue so raised by Governor in his address as per Rules 15. Lengthy debates are elicited as MLAs are free to speak anything under heaven though the Speaker has the power to expunge the words in the speeches when found un-parliamentary.
4. The Budget Presentation: The second major debate is on the Budget Speech by Finance Minister. This is the opportunity for MLAs to question, point out the anomalies, expose the corrupt activities and add suggestions to government. The nature of debate is same with the debate on Governor’s address.
5. Cut Motions: When the Demands for Grants are placed, the Opposition is given the opportunity to move for Cut Motions as Policy Cut, Economy Cut or Token Cut in written against each grant as per Rules 151. While voting for each Demand, the MLAs have the liberty to question specific issues to which the Minister concerned is required to reply instantly to satisfy the questioner before voting.
6. A matter of Public Importance: An MLA can move for discussion on a matter of public interest with the approval of the Speaker. Normally brief debate takes place when admitted by the Speaker. Besides, there are other opportunities as Calling Attention to Matters of Urgent Public Interest under Rules 54, Motion for adjournment on a matter of Public Importance under Rules 56, etc. are the opportunities for the MLAs to give wakeup call to government.
Meanwhile, in the 53rd year of Nagaland Statehood, a new legislative procedure is found practiced as exposed by the recent disclosure of an anonymous NPF MLA that he is not free to put questions in the Assembly sessions and the subsequent denial by Parliamentary Minister the next day. Both the assertions are contentious and therefore one may be right, the other may be wrong.
The Nagaland Legislative Assembly had created parliamentary history in the second last Session when the Speaker adjourned the House after 15 minutes sitting. I can imagine those members who came late and failed to take seat immediately after hearing the calling bell ringing had to leave the house when just took seat. Few individuals instantly reacted to the incident of the degree of concern the present day members have for the people of Nagaland. This episode may not die easily, rather it may become one of the talking points in 2018. The result of silence of MLAs in the Assembly is the pin drop silence of developmental activities in their constituencies. The MLAs are not elected to be dragged around by their nose ring by their bosses or to waste time sitting like owl in Assembly while their constituency people are reeling under erratic power supply, lack of medical facilities, namesake running schools, vehicles without roads, non-payment of salaries, non-release of funds against Village developments, and so on. The MLAs are not elected to remain mute, and remain as helpless as prisoner in the name of party discipline for 5 years.
To question any Minister/Parliamentary Secretary on any issue pertaining to the interest of a constituency or the State either in the form of written question as Starred or Un-starred or putting question to anyone of those manning departments during the said debates is the constitutional right of any MLA irrespective of being in ruling party or in opposition. An MLA wanting to hear reply from anyone holding a portfolio either on the floor of the House or in legislature meeting is never anti-party. Rather, if an MLA fails to inquire about what the government is doing for his constituency and his State, he becomes a misfit and a betrayal to his voters.
In the contemporary Nagaland politics, it is reportedly known that MLAs do business with Assembly questions. For instance, when an MLA puts up a question on sensitive issue, he is approached for withdrawal. In order to get the question in question withdrawn, change of hands used to take place between the questioner and the questioned. The other failure of the MLAs is the lack of gut and determination to put questions on the matters of public importance and sensitive issues. Today, the timidity syndrome seems to be the guideline for MLAs and due to which the anonymous NPF MLA failed to react to Parliamentary Minister or the MLA in question was caught wrong. Perhaps he thinks that it is too risky for him to have street fight for the sake of his electorate. This is one of the major factors whereby corruption is encouraged by nobody else but by elected representatives. This is how the honest lobby is weakened and disappointed. This is how transparency in governance is overshadowed by nonsensical and shoddy governance.
With regards to the complaint of the anonymous NPF MLA, in case what clarification given by Parliamentary Minister is correct, the complainant may be feeling sandwiched between his electorate and the unavoidable witch hunt during the storm of anti-incumbency monsoon.
Secondly, despite of the clarification and denial of Parliamentary Minister of NPF and that the democratic practices are in operation, there is a room for doubt as I read between the lines of his press statement. The Minister gave much importance to pre-Assembly session exclusive party legislature meetings. In such meetings MLAs are given chance to question anyone on any issue, and it should be enough. Therefore, there is possibility that NPF MLAs are sternly warned not to embarrass the government on the floor of the House. A ruling MLA being bullied and deprived of his freedom of speech by his party’ Whip and an NPF MLA reeling under phobia can be the benchmark of Neo-democracy in the contemporary Nagaland politics. Its a mockery and yet hardly very few are serious.
Z. Lohe
