Nagaland: An Associate State Of India

KN. Vareso / YL. Ramgui *

Naga Club's memorandum to Simon Commission in 1929 to leave the Nagas alone, Naga Independence Declaration, 1947 and the Naga plebiscite, 1951 under NNC are all said to be the unique histo-political foundations of Naga national movement. Although India, Burma and other International communities are yet to formally recognize this national right of the Nagas, it has virtually become a political standard in the making of Naga nation.

History reminds us that despite the failure of the NNC's 1964 Indo –Naga political peace talk, it could usher more Naga national consciousness and experiences. It is humbly observed that the extreme political stands of both the negotiating teams made the then peace talk unsuccessful.

The merit of the creation of Nagaland state in 1963 still remains controversial .However, putting Nagaland under the External Affairs Ministry (MEA), Govt. of India was a step forward inasmuch as Nagaland state was treated as a foreign territory (Associate State) under the direct supervision and control of India till 1972. The arbitrary & unilateral transfer of Nagaland under the Ministry of Home Affairs, Govt. of India was another painful political circumstance that made the Naga case more complicate.

Nevertheless, the then Legislative Assembly of Nagaland immediately reacted the said GOI's unilateral transfer order and vehemently opposed the same by unanimously adopting a resolution which says "... Nagaland should continue to be under the Ministry of External Affairs and the decision of the Govt. of India so taken be withdrawn forthwith" (29-6-1972) .

The division of Nagas between India and Myanmar was in fact a major political setback that adversely affects the Naga struggle. To address legitimately all these major ill political circumstances that Nagas have encountered with, a united effort is imminent. Admission of Nagaland into the membership of Unrepresented Nations and Peoples Organization (UNPO) in the year 1993 by NSCN(IM) has become an important milestone in internationalizing the Naga cause.

The 1997 Indo-Naga cease fire and its ongoing political processes has indeed institutionalized the Naga case enabling thereby India understanding the core issue of Indo- Naga political conflict with much clarity. This Indo-Naga political processes put on record are essential part of the history that will greatly determine the common pursuit for hon'ble solution.

Through media it is learned that the Indo- Naga crisis could be settled on the basis of "shared Sovereignty". However, the important point is under what political status Nagaland will share her sovereignty with India? In other words, under what provision of law or mechanism will India acquire some of the jurisdictions of the central subjects of Nagaland?

Article 2 and 260 of the constitution of India read with Foreign Jurisdiction Act, 1947 may be relied upon to throw some light in finding appropriate answer to the above political question of shared sovereignty in Indo- Naga context. It may be noted that before Pondicherry joined Union of India , it was controlled & administered by India under the said Foreign Jurisdiction Act, 1947.

The recent media articulation that NSCN(IM) has conveyed written commitment to India for accepting Indian Constitution has been rebutted by NSCN(IM) through a clarification statement issued by its MIP wing . Whatever may be the case the key issue remains to be obviously about restructuring Indo-Nagaland relations in a new perspective.

Can a mechanism created under the relevant provision of Foreign Jurisdiction Act, 1947 read with Article 260 of the Constitution of India be workable for re-establishing a new Indo-Nagaland relation? Will Nagas evolve a genuine consensus towards resolving the protracted Naga issue by making Nagaland an Associate state directly under the supervision of MEA, Govt. of India?

The restoration of Nagaland under the External Affairs Ministry and sharing of foreign affairs between India and Nagaland initially to a minimal extent can surely do justice in resolving the prevailing Indo-Naga conflict . Nagaland may have the competence to sign foreign treaties on subjects falling within her central jurisdiction in consultation with India.

India and Nagaland can, at the least, take the experience of relationship and free Association between New Zealand and her Associate state- Cook Islands. As above noted, there is interestingly, constitutional sanction to effect the implementation of political agreements or treaties of such model in India. It is humbly observed that evolving consensus to restructure India – Nagaland relation in that perspective may bring an hon'ble solution to India & Nagaland.

Note: This write–up is a humble expression of opinion purely out of academic exercise without prejudice to anyone, aimed for public discourse only .