The recent controversy over the reservation of seats for women in urban local bodies (ULB) in Nagaland has reignited the debate among stakeholders in the state. The contention revolves around the Nagaland Municipal Act of 2001, which mandates a 33% reservation for women in ULB polls, in accordance with the 74th Amendment to the Constitution of India.
The 74th Constitutional Amendment Act
During P.V. Narsimha Rao’s administration in 1992, Urban local governments were constitutionalized through the 74th Amendment Act. It was enforced on June 1st, 1993, adding Part IX -A and provisions extending from Articles 243-P to 243-ZG into the constitution. Furthermore, this act also incorporated the 12th Schedule containing 18 operational elements of Municipalities into the Constitution.
Opposition to ULB Polls in Nagaland
The primary resistance against ULB polls comes from the traditional tribal and urban organizations. They oppose the 33% quota, arguing it breaches the special privileges provided by Article 371A of the Constitution to Nagaland. As per this article, the Parliament cannot interfere with the religious or social practices of the Nagas, their traditional laws and dispute resolution methods, or land ownership unless approved by the Nagaland Legislative Assembly.
The leading tribal body of Nagaland, Naga Hoho, contends that women have traditionally not been part of decision-making entities. Hence, Nagaland remains the only state where seats are not reserved for women within ULB.
Demand of Protestors
Tribal bodies and civil society organizations threatened to boycott the polls until the Municipal Act of 2001, accounting for women’s reservation, is revised in line with the voice of the Naga people so as not to infringe upon Article 371A.
Previous ULB Polls in Nagaland
The first and only civic body election in Nagaland took place in 2004 without any reservation for women. In 2006, the State government revised the Municipal Act 2001 to provide a 33% reservation for women. This sparked widespread opposition leading to the indefinite delay of the ULB polls in 2009. Any efforts to hold the elections in March 2012 were strongly resisted. In September 2012, the State Assembly passed a resolution to exempt Nagaland from Article 243T of the Constitution related to women’s reservation. However, this exemption was revoked in 2016, causing further unrest. The government declared the process null and void in February 2017.
Urban Local Bodies (ULB)
Urban Local Bodies (ULBs) are administrative entities governing a city or town of a predetermined population. Their functions range from public health, welfare, regulatory functions, public safety, to infrastructure works and development activities, as delegated by the state governments.
Structure of Urban Local Government
The Urban Local Government is composed of eight types of local bodies like Municipal Corporations found in big cities like Bangalore, Delhi and Mumbai. Smaller cities have municipalities also known as the municipal council, committee, board, etc. There are Notified Area Committees, Town Area Committee, Cantonment Boards, Township, Port Trusts and Special Purpose Agencies designed to cater to specific needs of certain areas and their populace.
