Irony of Article 371a – It Is Only a Shield, Not a Sword!

Supplementing to the writeup by Imkong L. Imchen (MLA & Advisor GoN), the legislators of Nagaland are realising the limitations of Article 371A which several Think-Tank groups had been discussing and highlighting for years, the fact that Govt of India only gave Nagas the power to protect our resources but very smartly or maybe even cunningly did not give us the legislative powers to draft our own laws to extract our own resources like petroleum.

Even if we have millions of barrels of oil under our land, according to existing laws enshrined in the Indian Constitution, these resources will be explored & extracted based on the Laws enacted by the Parliament (Lok Sabha/Rajya Sabha) i.e. Govt of India (Central Government) and not according to the laws of Govt of Nagaland (State Government). (This is not my opinion or personal interpretation, this is what is written in Article 371A in black and white). We can extract our own resources as per our own laws only if  we become a sovereign independent nation or (ii) demand for additional clauses in Art371A as part of Naga Solution to have additional legislative powers to draft laws for our own land and our own resources.

Article 371A clearly states that Central Government Laws will not be applicable in Nagaland (By default/Automatically) unless the Nagaland Legislative Assembly (NLA) passes a resolution stating that the particular Central Government Act/Law is applicable in Nagaland.

This is the crux and essence of Art 371 – It only blocks Acts of Parliament (Central/Union Government  Laws) in Nagaland. And it only blocks 4 subjects out of 97 subjects listed in the Central/Union List.

We must accept the fact that Article 371A is under the Indian Constitution. We also need to be informed about the subjects listed in the State List, Union List and Concurrent List. The Indian Constitution has clearly demarcated the legislative powers of the State Government (NLA) and Central Government (Parliament – Lok Sabha/Rajya Sabha). There are subjects which only State Govt can legislate and there are subjects which only Central Government has authority to legislate while those subjects in the Concurrent List can be legislated by both State and Central Government.

These 97 subjects in the Union/Central List include subjects ranging from Railways to Highways to Atomic Energy to Education to Telecom to Petroleum, etc. Article 371A does not mention these other 93 subjects but only 4 subjects.

Under the Indian Constitution and under 371A, Nagaland cannot legislate on laws related to those in the Union List like Petroleum, Telecom, Citizenship etc only automatically by default blocks the Central Acts like Oilfields (Regulation and Development) Act, 1948 (Because it comes under the listed subjects – Land and it’s Resources under 371A), unless NLA by a resolution states that this Act is applicable in Nagaland.

On this topic we are only concerned with 1 subject in the list- Land and it’s resources which include resources like petroleum, minerals and other natural resources.

Now the irony of which might be one of the biggest legislative oversight & faux pas by our government – As per Art371A, Mines & Minerals Act 1957 which is an Act of Parliament by default should not be applicable to state of Nagaland because this Mines & Minerals Act is an Act/Law of Parliament related to “Land & Resources”. It should not be applicable in Nagaland by default, unless the NLA through a resolution states that it is applicable.

Therefore, how this Mines & Minerals Act bypassed Art371A and is being used to regulate mining in the state seem like a legislative oversight which our government is obligated to clarify this paradox or correct my ignorance if any.

We Nagas have already been fooled once, but let be wise enough not to get fooled twice! We really need wisdom & intellect to prevail while drafting, designing, architecting & finalising such agreements of paramount importance such as the Naga Solution, which will have serious repercussions on an entire generation & for generations to come!

We have Naga Solution to correct our shortcomings which we made in the past & if we don’t apply our minds together in this collective endeavour, our future generations will cry & curse us for not harnessing our best minds while we had this ‘probably’ final opportunity!

Hence NPGs must invite all stakeholders, not only the old leaders but also young people like so that we can all put our heads together to design and architect the best Clauses or Constitution which can benefit not only our generation but even the generations to come..

We need to ensure we also have the power to legislate on important matters and ensuring peace for our people & our region in order to catalyse a new era of progress & prosperity which can enable our people compete with the rest of the modern world & contribute to humanity while rooted strongly in the values and principles of our traditional heritage!

Regards,

Yanpvuo Kikon