This writer was involved in drafting the constitution of (NTC) ‘Nagaland Tribes Council’ of the aboriginal Naga Tribes of Nagaland. Our Committee consisted of five Members of different shades of political thoughts, Centre-Right and Centre-Left, Centre-Up, Centre-Down or even One Member who has a Centre but without a Circle which happens in the Nagas politics sometimes: but our Minds were united single minded, focused solely for the Interest of the Aboriginal Naga Tribes of Nagaland covered by Article 371A. We endeavored whole heartedly to the best of our ability with give-and-take to frame a Constitution to:
i. Protect, and
ii. Preserve
democratically, the Interest of the Nagaland Tribes for all time to come. All our intensions and purposes were directed singularly to produce a Constitution to that purpose.
Article 371A of the Constitution of India already gives very vital protection to the Rights of the Nagas of Nagaland. The Rights the Indian Constitution gives to the Nagas of Nagaland, is greater than what the NTC Constitution gives; only now do Nagas covet the preciousness of it. It is like a gemstone in the midst of ordinary Stones. No wonder Nagas of everywhere want to share it.
The Article 371A provides: “special provision with respect to the State of Nagaland” and begins with Sub-Clause (1) saying:
“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 decision according to Naga custom
ary 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”.
No other of India’s possibly 29 States have such an unprecedented comparable Constitutional Protection. This protection came out of the 16-Point Agreement the Naga People’s Convention (NPC) made with the Government of India. This Agreement was signed between Jowaharlal Nehru, the Prime Minister of India and the Representative of Naga People’s Convention.
Article 371A was scripted not by the Representatives of the Naga People’s Convention; it was scripted by Indian Government legal Experts and it is here that Nagaland appreciates the concern the Nehru Government had for the Nagas.
However it is not only the big heartedness of the Nehru Government or the earnestness of the Naga People’s Conference alone, but it is mainly because of the historical Rights of the Nagas prior to 1963 under the Naga Institution of the Naga National Council that has influenced the Government of India to recognize the Naga Rights.
It is not for nothing that Nagas got their Rights recorded in the Constitution of India. Every younger generation of Nagas need to remember this and hold his/her head high up in pride and thankfulness for the sacrifices the older uneducated generations that gave for their Tomorrow.
If the Authors perception is correct, some educated Nagas today seem to have a little hesitation to fully and strongly claim the Nagas Rights in the Constitution of India in Article 371A. It is for this that this Writer is scripting this wretched writing. Remember, the Article was framed by legal experts of the Government of India and not by Nagas; rightly or wrongly the Rights are recorded in the sacred Constitution of India; Nagaland is happy and grateful to the Government of India, but Nagaland did not get what it did not deserve. Nagaland feels it has the democratic Right to have a life outside the Constitution of India. Its history indicates, but whether separately or jointly, Nagaland would do well to have very close connection with India. Without civilized democratic Neighbors; tiny Luxemburg perhaps can not live.
This does not mean Nagaland should hesitate in forcefully assert what its Rights are in the Constitution of India: Nothing less, nothing more democratically and Nagaland has that.
Thepfulhouvi Solo
