Article 371A of the Indian Constitution: Special status to Nagaland

Ningreikhan Wungkhai *

Article 371 (A) is a special provision granted to the state of Nagaland as a partial fulfillment of the 1960 agreement that later created the State in 1963. In this regard not only the customary law, social practice and belief of the people of Nagaland but also the resources of the state is verdantly remain safeguarded from the intervention of the union government and its various policies unless the State Assembly so decides by resolution.

The part XXI of the Indian Constitution Article 371(A) {Special provision with respect to the State of Nagaland} states that –

Notwithstanding anything in this Constitution, –
(a) no Act of Parliament in respect of –
(i) religious or social practices of the Nagas,
(ii) Naga customary law and procedure,
(iii) administration of civil and criminal justice involving decisions according to Naga customary law,
(iv) ownership and transfer of land and its resources, shall apply to the State of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides;

This provisions can be best comprehend when we critically examined the pertaining issues involves in drawing of natural resources by the state which has been incorporated in the constitution of India (the creation of state Nagaland 1963) under Art 371A in the lights of 16th-Point Of Agreement.

Now that the provision should exercise the state has the ultimate rights to independently exploit or safeguard its own resources without the intervention of the Centre. The state Nagaland in 2012 in penchant, strictly insight the perpetual provisions which grant special status to Nagaland and attributed to remain unmoved notwithstanding the resolve of the ministry of home affairs.

The NPF government led by Chief Minister Neiphiu Rio, had his foot firm on ground, prevailed the provision of Article 371(A) which makes it very clear that "No act of parliament governing petroleum and natural gas shall be applicable to the state of Nagaland and all such Acts shall be deemed to have become inapplicable to the state from the date of enactment of Art 371A (1) (a) of the constitution of India regardless of previous acts of commissions and omission."

However, the resolution was held irrelevant by the Centre and flaunt objection against the framing of such regulation by upholding central dominion over the resources of the state. The central government further object the regulation by explaining the state that the provision under Article 371(A) did not guaranteed the state a full fledge control over its resources and provisions to make laws as it only provide the state with a right to implement the laws made by the Centre.

Moily stand against NPNGR – On June 13, 2013, Veerappa Moily, the then Union Minister of Petroleum and Natural Gas, asked the Nagaland Legislative Assembly (NLA) to withdraw the Nagaland Petroleum and Natural Gas Regulation, 2012 (NPNGR). The Petroleum and Natural Gas Ministry raised a 'red flag' over the resolution formed under the ambit of 371(A). Mr. Veerappa Moily in his defend termed the decision of the state government floating the Expression of Interest (EoI) as ultra vires of the Constitution.

Moreover, the then Director of Hydrocarbon (DOH), R.N. Choubey in his report to the secretary of Petroleum and gas had stated the tenacity of the Nagaland government to invite EOI for the exploration of 11 oil and gas blocks as 'ultra vires' of the constitution. In his letter, Mr. Choubey describe the bold act of the Nagaland state being unconstitutional and the former requested the ministry of home affairs to immediately step in and device the state to rescind its move.

In response to the relentless intervention of the ministry of petroleum and gas the Nagaland Legislative Assembly (NLA) turn down Mr. Moily's objectives and demand the GOI to unearth the sixteen point of agreement 1960 and bring Nagaland under the jurisdiction of ministry of external affairs. It was then learned that the unyielding approach of Mr. Moily and his co-ordinates had not only overlook the special status granted to Nagaland but more likely exhibit arrogance.

The role of Governor:

The provisions under Article 371(A) not only secured the natural resources of the state but also summarized the tangible relation of Centre and State. The governor under this subject remains a pivot apostle between the union and the state resolving to several provisions determining the administration, law and order, legislature and the monetary policy of the state. (To be contd)

In an event of internal disturbances and deterrence of law and order in the state of Nagaland, the governor's office is levied with special responsibility to immediately step into the matter and shall discharge his functions only after consulting with the Councils of Ministers. Likewise, when such matter arises and the governor by his discretion, had acted upon with the consent of the councils of ministers, the judgment of his office remains unchallenged and unquestionable until the variations are resolved.

Besides his discretion over the administration and law and order of the state, the governor also plays a pivotal role in the monetary subject of the state. The Governor acted as a watch dog over the grants directly coming from the Centre to ensure whether or not the grants are entertain as prescribe by the provision therefore it is mention in the 371(a) clause (1) (c) –that (in making his recommendation with respect to any demand for a grant, the Governor of Nagaland shall ensure that any money provided by the Government of India out of the Consolidated Fund of India for any specific service or purpose is included in the demand for a grant relating to that service or purpose and not in any other demand;) and

clause (2) (b) that – (where any money is provided by the Government of India to the Government of Nagaland to meet the requirements of the State of Nagaland as a whole, the Governor shall in his discretion arrange for an equitable allocation of that money between the Tuensang district and the rest of the State;)

The division of power or distribution of power between the Centre and State convey the essence of India federalism in volume. In the part xi (11) of the Indian constitution, distribution of power (legislative, administrative, and the executive) between the Centre and the state is well defined. The legislative power is then identified in three different lists namely – union list, states list and concurrent list.

Land comes under the concurrent list underwhich both the centre and the state can frame laws on it and, if any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament is competent to enact, or to any provision of an existing law with respect to one of the matters enumerated in the Concurrent List, then, the law made by Parliament, whether passed before or after the law made by the Legislature of such State, or, as the case may be, the existing law, shall prevail and the law made by the Legislature of the State shall, to the extent of the repugnancy, be void.

However, unlike any states, the resources of Nagaland, be it land, forest, or minerals comes under the direct control of the state as Nagaland enjoys a special status since its creation in 1963 and article 371(a) is only a partial fulfillment of 1960 agreement (the 16th point of agreement).