 bill  no  lxx of  2008 the  nagaland  legislative  council  bill,  2008 a billto provide for the creation of legislative council for the state of nagaland and for matters connected therewith and incidental theretobe it enacted by parliament in the fifty-ninth year of the republic of india as follows:—1  (1) this act may be called the nagaland legislative council act, 2008short title and commencement(2)  it shall come into force on such date, as the central government may, by notification in the official gazette, appointdefinitions2 in this act, unless the context otherwise requires, each of the words and expressions used herein and not defined,—43 of 1950(a) but defined in the representation of the people act, 1950, shall have thesame meaning as in that act; and10 of 1897(b) the rest shall have the same meaning as in the constitution of india read withthe general clauses act, 18973 immediately upon the commencement of this act,(i) there shall be a legislative council for the state of nagaland;| creation              | of   ||-----------------------|------|| l e g i s l a t i v e |      || council               | for  || nagaland             |      |(ii) in article 168, in sub-clause (a) of clause (1) after the words "karnataka", the word "nagaland" shall be inserted; and43 of 1950 43 of 1951(iii) steps shall be taken to constitute the legislative council for the state of nagaland in accordance with the provisions of the representation of the people act, 1950 and the representation of the people act, 1951 and subject to the provision of this act4 the legislative council of the state of nagaland, so created shall have forty members, of which,—composition of legislative council innagaland(i) twenty shall be elected by the members of the legislative assembly of nagaland from amongst those who are not members of the said legislative assembly; and(ii) twenty shall be nominated by the governor on the advice of the council of ministers of nagaland which shall be binding on the governor, of which—(a) sixteen shall be, one each from the sixteen major tribes in the state of nagaland, as enumerated in the schedule to this act; and(b) four shall  be from other minor tribes in nagaland43 of 19505 in section 10 of the representation of the people act, 1950, in sub- section (2), the following proviso shall be inserted, namely,—amendment to representation of the people act, 1950"provided that the allocation of seats in the legislative council of nagaland shall  be as specified in section 4 of the nagaland legislative council act, 2008"6 in the representation of the people act, 1951,—43 of 1951(1) after section 15a, the following section shall be inserted, namely,—amendment to representation of the people act, 1951"15b notification for elections to legislative council of nagaland— for the purpose of constituting the legislative council of the state of nagaland under the nagaland legislative council act, 2008, the governor of nagaland shall, by one or more notifications published in the official gazette of the state on such date or dates as may be recommended by the election commission, call upon the members of the legislative assembly of the state and the council of ministers in nagaland, to elect or nominate members, as the case may be, in accordance with the said act and with the provisions of this act and the rules and orders made thereunder"(2) after section 16, the following section shall be inserted namely;—"16a notification for biennial election to legislative council of nagaland— for the purpose of filling the seats of members of the legislative council of nagaland retiring on the expiration of their term of office, the governor, shall, subject to the proviso to section 16 of this act, by one or more notifications published in the official gazette of the state on such date or dates as may be recommended by the election commission call upon the members of the legislative assembly of the state and the council of ministers in nagaland to elect members in accordance with the provisions of the nagaland  legislative council act, 2008 and the rules and orders made thereunder" schedule[see section 4(ii) (a)]1angami 2ao 3chakhesang 4chang 5kachari 6khiamniungan 7konyak 8kuki 9lotha10phom 11pochuri 12rengma 13sangtam 14sumi 15yimchunger 16zeliang statement of objects and  reasonsnagaland is fully a tribal state with sixteen major tribes and other minor tribes the unique culture and history of nagaland embodies in it a tribal spirit of special nature with inherent democratic features, which can hardly be four-cornered into constitutional laws but can appreciably discerned from the naga customs, heritage and usages the constitution of india, substantially, recognizes this in article 371-a the democratic spirit and heritage of the nagas rest on deep-rooted ethnic, cultural, historical, sociological and  territorial foundations of several centuries of  naga civilization it may however be sadly  noticed that this spirit of democracy amongst the nagas had gone untapped for a long timethe period from 2003 to 2008 saw in nagaland a state government totally committed to peace, progress and development in appropriate realization of the nagas' aspirations, ambitions and attempts at self-development through the invocation of the spirit of those inherent democratic features of the naga society as part of that effort, the nagaland legislative assembly passed a resolution under article 169(1) of the constitution of india for creation of a legislative council in the state of nagaland to broad-base constitutional structure for promotion of democracy in the statecreation of second chambers in the states in now an optional constitutional exerciseeven if a state assembly passed a resolution for creation of a legislative council, the effectuation of that resolution depends upon the union government  nagaland had passed the resolution for creation of a legislative council way back on the 19th august, 2005, the legislative council for nagaland is yet to be createdthe problems of the states in the north east india are peculiar to the region and more compounded by the snail-paced responses to the genuine demands of the people of that region in order to deep-root and broad-base democracy which is the top most priority in the states in the north east in the generally vitiated atmosphere of disruption to peace and order in that region, it is imperative that the constitution is amended to provide for bicameral legislatures specially for the states in the north east india, to preserve, formalize, contain and continue the age old democratic wisdom of the tribal societies, in the form of constitutionally sanctioned legislative councils, not as an option as at present, but as a necessity until that time, this bill seeks to achieve the said object by creating a legislative council for nagaland in pursuance of the resolution of the assembly passed under article 169(1) of the constitution of india, on the 19th august, 2005khekiho  zhimomi annexure-i extracts from the constitution of india     168 constitution of legislatures in  states—(1) for every state there shall be a legislature which shall consist of the governor, and—(a) in the states of bihar, maharashtra, karnataka and uttar pradesh, two houses; (b) in other states, one house(2) where there are two houses of the legislature of a state, one shall be known as the legislative council and the other as the legislative assembly, and where there is only one house, it shall be known as the legislative assembly       annexure-ii extracts  from  the  representation  of  the  people  act,  1950   10 allocation of seats in the legislative councils—(1) the allocation of seats in the legislative councils of the states having such councils shall be as shown in the third schedule(2) in the legislative council of each state specified in the first column of the third schedule, there shall be the number of seats specified in the second column thereof opposite to that state, and of those seats,—(a) the numbers specified in the third, fourth and fifth columns shall be  the number of seats to be filled by persons elected, respectively, by the electorates referred to in sub-clauses (a), (b) and (c) of clause (3) of article 171;(b) the number of specified in the sixth column shall be the number of seats to be filled by persons elected by the members of the legislative assembly of the state from amongst persons who are not members of that assembly; and(c) the number specified in the seventh column shall be the number of seats to be filled by persons nominated by the governor of the state in accordance with the provisions of clause (5) of article 171    annexure-iii extracts  from  the  representation  of  the  people  act,  1951   15a notification for certain election to legislative councils—for the purpose of constituting the legislative council of the state of madhya pradesh under the states reorganisation act, 1956 (37 of 1956), and constituting the legislative council of the state of andhra pradesh under the legislative councils act, 1957 (37 of 1957), the governor of each of the aforesaid states shall, by one or more notifications published in the official gazette of the state on such date or dates as may be recommended by the election commission, call upon the members of the legislative assembly of the state and all the council constituencies to elect members in accordance with the provisions of this act and of the rules and orders made thereunder16 notification for biennial election to a state legislative council—for the purpose of filling the seats of members of the legislative council of a state retiring on the expiration of their term of office, the governor shall, by one or more notifications published in the official gazette of the state on such date or dates as may be recommended by the election commission call upon the members of the legislative assembly of the state and all the council constituencies concerned to elect members in accordance with the provisions of this act and of the rules and orders made thereunder:provided that no notification under this section shall be issued more than three months prior to the date on which the term of office of the retiring members is due to expire    ———— a billto provide for the creation of legislative council for the state of nagaland and for matters connected therewith and incidental thereto————(shri  khekiho zhimomi, mp)gmgipmrnd—4771rs(s-5)—29-12-2008