Why Did The Nagaland Government Repeal Its Municipal Act

What’s in today’s article?

• Why in news?
• What is Article 371A of Indian Constitution?
• News Summary: Explained - Why did the Nagaland government repeal its municipal act
• Why is there opposition to ULB polls?
• Have such polls ever been held in Nagaland?
• Why did the govt. decide on ULB polls this time?

 

Why in news?

• Recently, the Nagaland government repealed the Nagaland Municipal Act of 2001.
• This led to the cancellation of the State Election Commission’s notification for holding elections to Nagaland’s 39 urban local bodies (ULBs) with 33% of the seats reserved for women.
• The apex court has however, stayed the notification cancelling the civic body polls. 

 

What is Article 371A of Indian Constitution?

• About
  • Article 371A of the Indian Constitution is a special provision made for the state of Nagaland.
  • It was introduced by the 13th Amendment to the Constitution of India in 1962.
• Objectives
  • The main objective of Article 371A is to provide special safeguards for the protection of the unique social and cultural practices, customs and traditions of the Naga people, who have a distinct identity and history.
  • The provision also aims to promote the equitable development of the state of Nagaland.
• Important provisions of Article 371A:
  • The Governor of Nagaland has special responsibility to ensure the development of the state with respect to law and order, and administration of justice.
  • The Governor must be consulted on all matters concerning the appointment of civil servants and the selection of candidates for admission to educational institutions in Nagaland.
  • The state legislature of Nagaland has the power to enact laws relating to the ownership and transfer of land and its resources.
  • The state legislature may also enact laws relating to the customary law and practice of the Naga tribes.
  • The provision prohibits the Parliament of India from enacting any law that affects the religious or social practices of the Naga people, their customary law and procedures, or ownership and transfer of land and its resources in Nagaland.
• Overall, Article 371A recognizes the unique history, culture, and identity of the Naga people and provides special protections to ensure their equitable development while preserving their traditions and customs.

 

News Summary: Explained - Why did the Nagaland government repeal its municipal act

Why is there opposition to ULB polls?

• Nagaland is arguably the only State where ULB seats are not reserved for women as mandated by clause IV of the 74th Amendment to the Constitution of India.
  • 74^th Amendment deals with the constitutional provisions relating to urban local governance in India.
  • It has provisions related to the reservation of seats in urban local bodies for women and Scheduled Castes and Scheduled Tribes.
• Most of the traditional tribal and urban organisations oppose the 33% reservation of seats for women.
• They argue that such reservation would violate the special provisions granted by Article 371A of the Constitution to Nagaland.
  • The hohos (apex tribal bodies) point out that women have traditionally not been part of decision-making bodies.

 

Have such polls ever been held in Nagaland?

• The first and only civic body election in Nagaland was held in 2004 without any reservation of seats for women.
• The State government amended the 2001 Municipal Act in 2006 to include 33% reservation for women in line with the 74th Amendment.
• This triggered widespread opposition forcing the government to indefinitely postpone the ULB polls in 2009.
• In September 2012, the State Assembly passed a resolution to exempt Nagaland from Article 243T of the Constitution which is related to the reservation for women.
• This resolution was revoked in November 2016 and elections to the civic bodies with 33% reservation were notified a month later.
• The notification led to widespread mayhem in which two people were killed in large-scale violence and arson.
• This made the government declare the process to conduct election null and void in February 2017.

 

Why did the govt. decide on ULB polls this time?

• Under pressure from the Supreme Court, the current Nagaland government laid the ground for holding ULB polls after consultations with various stakeholders.
• Notification in this regard was put out by the State Election Commission.
• However, the tribal bodies and civil society organisations threatened to boycott the polls until the borrowed Municipal Act of 2001 factoring in women’s reservation is reviewed.
• The government succumbed to public pressure and repealed the Municipal Act with immediate effect as the people cannot be compelled to participate in the elections.

 

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Q1) What is 74th Amendment to the Constitution of India?

The 74th Amendment to the Constitution of India, also known as the Constitutional (Seventy-Fourth Amendment) Act, 1992, came into effect on June 1, 1993. It deals with the constitutional provisions relating to urban local governance in India. The 74th Amendment Act made several provisions for empowering local bodies to function as effective units of self-government. It provided for the establishment of Municipal Corporations, Municipal Councils, and Nagar Panchayats, and defined their powers, authority, and responsibilities.

 

Q2) What is Article 243T of the Indian Constitution?

 Article 243T of the Constitution ensures the representation of the SCs, STs, and women in the Municipalities of India, and it is a crucial provision for promoting local democracy and social justice in the country.

 

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Source: Explained | Why did the Nagaland government repeal its municipal act?