Nagaland ULB Elections [UPSC Current Affairs]

The Nagaland government faces a dilemma on the issue of urban local bodies (ULBs) election, caught between the opposition of tribal organisations and a Supreme Court order.

Supreme Court Order on Nagaland Govt Cancelling ULB Election

• On April 5, 2023, the Supreme Court stayed the Nagaland government’s notification cancelling the ULBs election that was scheduled to be held on May 16, 2023.
• The stay was issued after hearing a contempt petition filed by some organisations.
• The state election commission had earlier announced that the election would be held with 33% reservation of seats for women, but the notification was cancelled after the Assembly resolved to repeal the Nagaland Municipal Act, 2001 in toto.
• The cancellation of the notification was seen as a move to avoid the reservation for women, which some influential tribal organisations opposed, claiming it was against Naga customary laws.
• The Supreme Court’s stay order means that the election process will go ahead as per the earlier notification with the 33% reservation for women unless the court issues any further directives.

Also read: Landmark Supreme Court Judgements

Conflict between Customary Law and Constitutional Mandate

• The Nagaland Municipal Act, 2001 provides for 33% reservation of seats for women in urban local bodies (ULBs) and empowers them to collect property taxes.
• However, some influential tribal organisations in Nagaland oppose the reservation for women, claiming that it infringes on Naga customary laws, which are protected by Article 371(A) of the Constitution.
  • Article 371(A) gives special provisions to Nagaland to protect the customs, traditions and culture of the Nagas, but it also mandates that these provisions should not be contrary to the Constitution of India.
• The conflict arises as the reservation for women in ULBs and the power to collect property taxes are mandated by the Constitution of India but are opposed by some tribal organisations on the grounds of customary laws.
• The Nagaland government is caught between the constitutional mandate to hold the ULBs election with the reservation for women and the opposition of the tribal organisations, who have threatened to boycott the election if the reservation is not removed.

Government’s Dilemma:

• The Nagaland government is caught between the demands of the tribal organisations and the constitutional mandate to hold the ULBs election with the reservation for women and the power to collect property taxes.
• If the government holds the election with the reservation, it will invite the wrath of the powerful tribal organisations, who are opposed to it on the grounds of customary laws.
• If the government does not hold the election, it will face action for contempt of the Supreme Court order.
• The previous attempt by the government to hold the ULBs election with 33% reservation for women in 2017 had resulted in protests and violence, with government buildings being set on fire.
• The current Chief Minister Neiphiu Rio does not want a repeat of the 2017 situation, which could lead to him losing power.
• The ruling coalition of BJP and the Nationalist Democratic Progressive Party (NDPP) is also concerned about the political fallout of the decision.
• The Nagaland government is likely to hold a “consultative meeting” with the leaders of various tribal organisations in the next few days to try and resolve the issue.
• The government is keen to hold the ULBs election, but the tribal organisations are opposed to both the reservation for women and the power to collect property taxes in ULBs.

Way Forward:

• The government could explore the possibility of negotiating a compromise with the tribal organisations, which addresses their concerns while also fulfilling the constitutional mandate to hold the election with reservation for women and the power to collect property taxes.
• The government could consider taking a more proactive approach to engage with the public, particularly women, to highlight the benefits of reservation and encourage their participation in the ULBs election.
• The government could also consider undertaking measures to improve transparency and accountability in ULBs, which could help address some of the concerns raised by the tribal organisations regarding property taxes and other issues.

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