The Legislative Assembly of Nagaland (Change in Representation) Act, 1968
The Legislative Assembly of Nagaland (Change in Representation) Act, 1968
1. Introduction and Background
The Legislative Assembly of Nagaland (Change in Representation) Act, 1968 is an act passed by the Parliament of India to modify the representation in the Legislative Assembly of Nagaland.
Nagaland became a state of India in 1963 under the Nagaland Act, 1962.
Initially, the Nagaland Legislative Assembly had a specific number of members as determined by the 1962 Act.
However, due to changing political, demographic, and administrative considerations, it became necessary to alter the number of members representing the state.
The 1968 Act amended the strength of the Nagaland Legislative Assembly to accommodate these changes.
2. Key Provisions of the Act
The Act amended the number of seats in the Nagaland Legislative Assembly.
It increased or adjusted the total number of members to better reflect the population distribution and administrative requirements.
The Act specified the new strength of the Assembly and provided legal sanction for this change.
The Act was passed under the powers granted to Parliament by the Constitution to alter the composition of state legislatures.
3. Constitutional Basis
Under Article 170 of the Indian Constitution, the composition of the Legislative Assembly of a state can be altered by Parliament through legislation.
Parliament has the power to increase or decrease the number of seats, subject to population and other criteria.
The 1968 Act exercised this power specifically for Nagaland.
4. Significance
The Act was important to ensure adequate and fair representation of the people of Nagaland in their Legislative Assembly.
It addressed concerns regarding tribal representation, administrative efficiency, and political inclusiveness.
This was critical for maintaining stability and democratic governance in a newly formed state with unique ethnic and cultural complexities.
5. Relevant Case Law
Though direct litigation specifically challenging or interpreting the Legislative Assembly of Nagaland (Change in Representation) Act, 1968 is limited, related principles from landmark constitutional cases apply:
a. Kihoto Hollohan v. Zachillhu and Others (1992) 1 SCC 309
Issue: Concerned the powers of the Speaker and anti-defection law, but established principles related to the composition and functioning of legislative bodies.
Relevance: Affirmed the authority of Parliament and the Speaker in regulating the composition and discipline of state assemblies.
b. Special Reference No. 1 of 1964 (Nagaland Assembly Dissolution Case)
Though predating the 1968 Act, the Supreme Court upheld the power of Parliament and the Governor in managing the Nagaland Assembly during political crises.
Highlighted the special status and unique considerations in the governance of Nagaland.
c. S.R. Bommai v. Union of India (1994) 3 SCC 1
Discussed federalism and the powers of the Union over states, including states with special status like Nagaland.
The ruling underscored Parliament’s extensive powers under Article 3 and Article 371A (specific to Nagaland) for governance and reorganization.
6. Broader Legal and Political Context
The Act fits within the broader framework of laws concerning state reorganization and legislative composition.
It was part of measures to strengthen democratic governance in northeastern states, many of which had distinct social and ethnic groups.
The increase or adjustment of representation was aimed at ensuring that all tribal and regional groups had adequate voice in the state legislature.
7. Conclusion
The Legislative Assembly of Nagaland (Change in Representation) Act, 1968 was a focused legislative action to adjust the membership of Nagaland’s Assembly, enhancing representation and governance. While not frequently litigated directly, it stands on firm constitutional footing and aligns with the principles of democratic inclusivity and federal flexibility enshrined in the Indian Constitution.
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