DIMAPUR, Feb 7 - After the Nagaland Cabinet�s decision to approach the Prime Minister to issue an ordinance to exempt Nagaland from Part IXA of the Constitution that deals with women reservation drew flak from Nagaland Tribes Action Committee and others, the CMO explained that if present stakeholders fail to arrive at an amicable settlement at the present juncture, then the best option is to seek exemption from applicability of Part IXA, which contained a mandatory provision under Article 243T for 33 percent reservation for women. Such a step would put to rest the issue and also avoid further misunderstanding, it said.
The CMO said the decision to seek PM�s intervention was taken after legal advice from the State�s Advocate General and other legal experts.
It said the Cabinet decided to seek exemption from Part-IXA, which has to do with urban local bodies, in the same way that Nagaland has been exempted from application of Part IX (73rd Amendment) relating to panchayats. The CMO stated that exemption from Part IX (73rd Amendment) enabled Nagas to have their own established village councils as per traditional customary laws.
Therefore, if Nagaland is to be exempted from Part IXA, Nagas will also have the liberty to constitute their own municipal Act. Such a scenario would remove any apprehensions in the minds of people over 33 percent reservation for women and dilute the provisions of Article 371A.
Stating that the issue is in the interest of the Nagas, the CMO requested all right thinking citizens to actively and positively contribute towards finding the best possible way out through dialogue, etc., so as to usher in a peaceful future for the young and upcoming Naga generation.
It further said the Joint Action Committee on Women Reservation had already submitted a petition in the Supreme Court for withdrawal of Special Leave Petition that sought 33 percent reservation for women in urban local bodies. However, the CMO said that there is no guarantee that in future any person, lawyer or woman activist, not necessarily a Naga, would not file a similar petition.