Our Correspondent
Kohima | March 16
Nagaland Legislative Assembly (NLA) speaker Kiyanilie Peseyie today gave his ruling to the objection raised by minister for parliamentary affairs T.R. Zeliang on Congress MLA C. Apok Jamir seeking leave for introduction of Nagaland Lokayukta Bill 2012 on the floor of the house.
The Speaker said that after hearing and convincing that the Bill does not contain the statement of objects and reasons, and also the financial memorandum, he said he cannot grant leave to move for introduction of the said Bill on the floor of the House.
Earlier, speaking on the motion for leave to introduce the said Bill under Rule 71 of the rules of procedure, minister for parliamentary affairs said “This House has the tradition of not opposing Bills at the introduction stage, but I oppose this Bill with pride so that the hard earned special position of the Nagas under Article 371-A is not frittered away by pieces of casual legislation like this.”
He pointed out that Nagaland is a very small state with less than 20 lakhs population. “Our fellow National workers are engaged in a six long decade of dialogue with the Union Government to get a honourable and acceptable settlement of the political question. Article 371-A of the Constitution of India is the current guardian of Naga rights.”
Referring to the subjects enumerated in Article 371-A (I) (a), he said administration of civil and criminal justice involving decisions according to Naga customary law is one important subject. A substantial portion of criminal law is inapplicable to Nagaland. Though the Government of India has given us this Constitutional Guarantee in the form of Article 371-A, somehow we have been negligent on filtering a plethora of Parliamentary laws for application to Nagaland. It is this government and the Honourable Speaker of the Assembly who have constituted a special assembly committee for scrutinizing all Parliamentary Laws, which has started doing its work.
He said the provisions of the Private member’s bill sought to be introduced by the member of the House squarely impinges upon the administration civil and criminal justice according to the Naga customary laws and requires serious examination as to how the Bill breaches article 371- A (1) (a).
He told the House that the state has a full fledged RTI regime, an Accountant General who is, on yearly basic, points out errors in governance and there is also Public Account Committee of NLA, which he said is also doing a commendable job.
“In view of this, we have not extended the Delhi Special Powers Act to our sate,” he said adding in its bid to fully exploit its special status, “we will always resolve to govern ourselves in the best spirit of our traditions, customs and conventions.”
He said there is no question of outsiders, like some High Court Judges, getting appointed as Lokayuktas on our land, and scrutinize our activities, adding “This position is totally unacceptable and therefore, the private member’s bill before us is not in tune with our way of life as guaranteed by the Constitution of India.”
Also stating that Nagas are exempted from income tax, he said “If we are wealthier than others in other parts of the country, it is due to this statutory concession. Therefore, sir, I feel that, possessing wealth without paying tax, which is allowed to us, is not a crime Nagas are committing. Therefore, the Lokayukta Bill is baffling us.”
The Minister also stated that even in the Centre, where mega scams are rolled out on daily basis, the Lokpal is yet to be appointed, adding that Bill is still pending in Rajya Sabha despite pressure from the civil societies. The Bill, he said, also contains provisions of establishing Lokayuktas in the state.
He said the Opposition in parliament are resisting the appointment of Lokayuktas in the states by a Parliamentary Law since it violates federalism. Some states have Lokayuktas. Some states have only the law without the office of Lokayukta having being filled for long time.
“But what is the hurry for a Lokayukta in Nagaland? Why should the Hon’ble Member jump the gun. Let the NPCCC first pass a resolution to expedite the establishment of a Lokpal at the Centre to enquire into the series of mega scams. I, therefore, think the Bill is a preemptory legislative measure.”
The minister said the Bill has to comply with all requirements of the rules of procedure, adding that concerned has to give a month’s time notice under Rule 65, which the later has not given. He said the concerned has to provide a statement of objects and reasons as required under Rule 65 (A).
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