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9th May 2024 (16 Topics)

Civic Polls in Nagaland

Context

Nagaland's Urban Local Bodies (ULBs) elections were stalled for 20 years due to opposition to the reservation of 33% of wards for women. Previous attempts to hold elections faced strong protests and violence.

Background: Women's Reservation in Nagaland 

  • Legal Battle: Nagaland resisted implementing 33% reservation for women in municipalities and town councils, mandated by Article 243 T (3) of the Constitution.
    • Naga Mothers Association and People’s Union for Civil Liberties (PUCL) fought a 15-year legal battle to enforce the constitutional provision.
  • Obstacles: Nagaland's government and prominent sections of Naga society opposed reservation, citing cultural customs and constitutional provisions.
    • The tribal bodies argued that women have traditionally not been part of decision-making bodies in Naga customs.
    • According to them, allowing reservation for women would violate special provisions granted to the state under Article 371A of the Constitution.

Intervention of Supreme Court: 

  • In 2016, Supreme Court intervened, stayed the High Court's order, and revived the directive to hold elections within one month.
  • State government, along with civil society groups, initiated violent protests against the reservation.
  • SC bench, led by Justice Kaul, expedited the case in 2023, finally mandating elections to be held by June 2024.

Fact Box: Article 371A of the Constitution 

  • The provision states that “no Act of Parliament would apply under the Legislative Assembly of Nagaland by a resolution decides in respect of Naga customary laws and procedures, administration of civil and criminal justice, ownership and transfer of land, land and social practices”.
UPSC PYQ:

Q: “The reservation of seats for women in the institution of local self-government has had a limited impact on the patriarchal character of the Indian political process.” Comment (2019)

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