Note4Students
From UPSC perspective, the following things are important :
Prelims level: Article 371A; Nagaland;
Mains level: State Elections; Nagaland; Urban Local Bodies;
Why in the News?
For the first time (since 2004), Nagaland is scheduled to conduct Urban Local Body elections.
Context:
- The state cabinet approved on April 26 for conducting Urban Local Body polls for Nagaland’s 3 Municipal Councils and 36 Town Councils.
- Further, the State Election Commission (SEC) released the election schedule, with voting slated for June 26.
BACK2BASICS: Constitutional Provisions for Urban Local Body Elections:
What does the Janaagraha Survey say about the status of Municipal Elections in India?
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The story behind the contention surrounding the Urban Local Body polls in Nagaland:
- The Nagaland Municipal Act of 2001 was amended in 2006 to introduce a 33% reservation for women in local bodies, by constitutional amendments.
- However, this amendment became a subject of controversy due to opposition from tribal bodies, citing conflicts with Naga customary laws.
- These laws under Article 371(A) of the Constitution violated Naga customary practices where women have traditionally not been part of decision-making bodies.
- In 2009, the state government deferred municipal elections scheduled for the following year due to the controversy surrounding the Act.
- Despite opposition, advocacy groups such as the Naga Mothers’ Association (NMA) fought for the implementation of women’s reservations.
- In 2011, the NMA petitioned the Gauhati High Court, which directed the Nagaland government to hold local body elections.
- In 2012, the state assembly passed a resolution rejecting women’s reservations in the polls, leading to further legal battles. The NMA filed a special leave petition in the SC, which in 2017 directed the government to hold the polls.
- When the government moved to conduct the elections as per the Supreme Court directive, violent protests erupted, resulting in casualties. Under mounting pressure, then Chief Minister T R Zeliang resigned from his position.
- In November, during a special emergency session, the assembly passed the Nagaland Municipal Bill, 2023.
- This new legislation retains the 33% reservation for women in urban local bodies, aligning with constitutional amendments, but removes provisions such as reservation for the post of chairperson and taxes on immovable property.
Conclusion: Nagaland needs to foster community engagement and participation in the electoral process by promoting inclusive governance structures that involve diverse community members, including women, youth, and marginalized groups.
Mains PYQ:
Q Recent directives from Ministry of Petroleum and Natural Gas are perceived by the ‘Nagas’ as a threat to override the exceptional status enjoyed by the State. Discuss in light of Article 371A of the Indian Constitution.(UPSC IAS/2013)
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