Kohima: After the repeal of the Nagaland Municipal Act (NMA) of 2001 and the subsequent cancellation of the Urban Local Body (ULB) elections, the state government on Thursday revealed its plan to constitute a panel to frame a new Municipal Act, and mulls interpreting Article 371-A.
Panel for a new Municipal Act:
Minister of Power and parliamentary affairs KG Kenye, while interacting with journalists in Kohima, informed that NMA 2001 ran into a lot of controversies which compelled the government to relook and repeal the Act. During the budget session held earlier this year, the state Assembly repealed the NMA 2001 after several objections were raised by the public that the Act runs contrary to the spirit of Article 371-A.
A committee, he informed, will be constituted at the earliest to have wide consultation with all concerned and frame new municipal laws that will be befitting to the way of life and social practices of the Nagas.
The state legislature will then adopt the new Act as early as possible, although no time frame has been set to form the panel or present its findings. He said that the state government is aware of the urgency in enacting a new law to substitute the old one and so will waste no time.
As the matter is a business of the Assembly, he informed that the speaker of the house and the Assembly will decide the composition of the panel.
On the issue of women’s reservation, he said that women have found a place in society at present.
“Whatever is necessary pertaining to social practices, we will accommodate but the government must be permitted to frame its own laws as far as social practices are concerned,” he said.
As the matter of conducting ULB elections in the state with 33% women reservation is sub-judice, Kenye hoped that the apex court will also study the origin of Article 371A and understand why the special provision was granted to Nagaland.
Despite SC’s order to conduct the civic body polls, the state government called off the polls after the NMA was repealed by the state Assembly. In the absence of the Act which the government had repealed, Kenye said that there is no ground to conduct the elections.
He clarified that the repeal of the Act was made after the state Assembly identified that the objections from the public had to do with the principle Act which is the 74th Amendment Act.
While no Act passed by the Parliament can be rejected, he said that under Article 371A, Nagaland was empowered to reject or accept it.
He said that the executive in the past had failed on its part to guide the legislature about the implications of passing the Act. But since the Act was accepted, Kenye said that attempts were made in the past two decades to implement it with several amendments.
However, the amendments that the public sought following the announcement of the 2023 ULB polls, Kenye observed, could not be made as the state legislature cannot change or segregate the principal Act. So with the powers vested under Article 371A, he said that the decision was made to reject the Act in total, which was a decision best suited for all.
Official interpretation of Art 371A:
Kenye also revealed that the state is mulling coming up with an official interpretation of Article 371 A which gives special provisions to Nagaland. As there are “too many interpretations” of the Article, he said that it is high time for the state to have an official version or interpretation of Article 371A.
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This matter, he said, is under discussion at the highest level, as they sensed the need to immediately interpret an official version for the state.
As to how the state government plans to make interpretations of the special provision, Kenye said that all 60 members of the state legislative Assembly will discuss, deliberate and represent the voice of the people, following which an interpretation that is a consensus, common and unanimous decision will be brought about.
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