Author: Shloke Jatia

INTRODUCTION/HISTORICAL BACKGROUND:

The article provides an in-depth historical account of Nagaland’s integration into the Indian Union. Before India won her independence in 1947, the Naga Hills were not directly administered by the British Government. The Naga Hills excluded Ara and were administered indirectly through a system of Indian Authorities. This was done because the Naga people which comprised many different Naga tribes considered themselves neither a part of India nor Burma as they were different on every page, be it Cultural, linguistic or other social practices.

As a result, the “Naga Hills-Teunsang Area Act, 1957” was passed by the Indian government in response to the desire for a distinct administrative division for the Nagas. This Act covers two areas: The entire Naga Hills Teunsang region, which was included in “section B of the Sixteen Schedule”, was created by combining the Naga Hills-Teunsang Area with the entire
Naga tribal region. The Governor of Assam continued to manage it on behalf of the President of India.

This did not satisfy the Naga leaders, who pushed for the “creation of a state” in Nagaland. As a result, the Naga leaders and the Indian government came to an agreement in July 1960 that the Naga Hills region, which was in Part B, would become an independent state and be separated from Assam. The State was created by the “State of Nagaland Act, 1962”. This Act created a distinct State and divided the Hills region from Assam.

SALIENT FEATURES OF THE ARTICLE:

ACTS OF PARLIAMENT: “No act of parliament in respect of religious or social practices of the Nagas, Naga customary law and procedure, administration of Civil and criminal matters according to Naga customary Law, will apply to Nagaland unless the State legislative assembly of Nagaland decides by resolution to do so.”

ROLE OF GOVERNOR: “The governor of Nagaland will have special responsibility concerning law and order in the state for as long as internal disturbances continue therein and will exercise his judgement only after consulting the Council of Ministers of the State of Nagaland. The governor is given the responsibility to ensure that any money which is provided by the government of India for any specific service or purpose is included in the demand made for the grant and that the money is not used for any other purpose.”

REGIONAL COUNCIL: “There’s an obligation to establish a regional council for the Tuensang district, which will consist of 35 members and the Governor shall make rules for its compositions and how it functions. This regional council shall have powers concerning making laws on a few matters such as land, forest, fisheries, Village administration, inheritance of property, marriage and divorce, social customs etc., only within the Teunsang district.”

TUENSANG DISTRICT ADMINISTRATION: “In this area a regional council shall be constituted for Teunsang District by representatives from all the tribes of the Tuensang district. On the progress of the regional council, actions will be taken to start several other councils and courts, in the areas where civilians feel themselves capable of developing such institutions. No Act will be enacted by the state legislature that is related to the Tuensang District unless specifically advised by the regional council.”

ARTICLE 370 ABROGATED, 371-A NEXT?

The basic difference between both the articles is, Article 370 was a part of the original constitution which came in force in 1950 different from Article 371-A which was added in 1962 through the 13 th Constitutional Amendment. From this basic difference we can make out that 12 years after the constitution was drafted Nagaland was formed and special status was given, we can interpret that the Government of India observed the activities taking place in the Naga hills which made them understand that there was need of a special legislation. 12 years of deep observation by the Government of India resulted in a constitutional safeguard for the Naga culture and various other practices. This special status was the result of a 16 point amendment between the Nagas and the Government, which in turn means the Nagas themselves wanted this special status to protect their society. 3
In my view, Article 370 was abrogated because of the increasing insurgency in Kashmir and stone pelting incidents, as mentioned by the government in 2019 and the Government wanted Kashmir directly under control as the boarding nation adds fuel to the fire. Not ignoring the fact that even in Nagaland separatist movements and insurgencies have taken place but they
are of match compared to Kashmir. Plus, there were also political brownie points involved while abrogating Article 370 which won’t be involved in abrogation of Article 371-A.

Challenges and Controversies:

One of the fundamental challenges possessed by Article 371-A is the ongoing tension between preserving Nagaland’s autonomy and fostering its “integration with the Union of India”. The provisions do provide a high degree of autonomy, some people urge that it may inadvertently hinder the state’s full integration with the rest of India. Mentioning Nagaland’s tribes, its diverse tribal cultures give rise to inter-tribal problems and issues over land disputes, resources, and political presence. The provision of Article 371-A does not provide for mechanisms to deal with such, a greater problem that occurs is India’s land law doesn’t
affect Nagaland, and the different tribes of Nagaland have their own laws to govern Land disputes which create confusion. These instances leave a lot of space for internal disputes and may undermine stability of the State. The Article provides the areas where Indian laws aren’t applicable in Nagaland without the state legislative assembly’s approval. The limited scope of the provision can create ambiguity, there can be a lot of disputes over the application of laws made by the parliament. This can create a lot of confusion especially when matters of local administration and customs are in question. By applying different tribal laws in different tribes, it also creates in the judiciary as no uniform law would be there in matters governing Naga cultures and linguistics.

Advantages:

The article ensures the cultural and traditional identity of Nagaland, it gives recognition to various tribes of the Naga region along with their culture, language, practices etc. This is vital for the sense of belonging the Nagas feel and also shows pride in their culture. Article 371-A has also contributed to peace and stability in the region, as the law was enacted by the will of the people and a long duration of observation of the government, I reduced the insurgency that was going on in the Naga Hills by the various Naga tribes. The provision also encourages dialogue between the central government and Nagaland. It helps to address issues through peaceful means and dialogue rather than rage and violence. It promotes a harmonious “relationship between the central government of India and the tribes of Nagaland”. The article amplifies the Commitments of India in reference to accommodating dialogue within the Country. It serves as a model in recognizing unique historical, political and cultural situations of different areas and communities, which in turn shows the strength of India’s federal structure.

Special status of Nagaland violative of Article 14?

Article 14 grants the “Fundamental right to equality before the law and equal protection of law for all citizens”. It states that the “state shall not deny equality before the law to any person and shall provide for equal protection of law within the territory of India”. However, Article 371-A provides special provisions for Nagaland, and creates a situation where certain rights and protections are given to Nagaland and the people living there. This raises the question whether the special status to Nagaland Violative of Article 14 is The Indian judiciary has through the course of time held the principle that not all different treatment is
unconstitutional and violative of Article 14. As laid in the case of “State of West Bengal Vs. Anwar Ali Sarkar” 5 , any law will not be Violative of Article 14 if it treats certain persons a certain way only if:
1) The classification is based upon some intelligible differentia that distinguishes the persons or things grouped together from others that are left out of the group.
2) The differentia made must have a rational nexus with the objective of the statue under discussion or question.

In the present issue we can see that the bifurcation is made on the basis that Naga people have cultures and practices that are poles apart from the cultures followed in the rest of the country. Just for the basic reason to protect and preserve these special cultures and practices of the Nagas the Statute has been brought in. As we can see the Differentiation has been made with intelligible differentia, and the statute in question does have a rational and direct nexus with the differentiation created. Hence, Article 371-A in question will not be violative of Article 14.

Why is purchase of land by non residents of Nagaland in Nagaland prohibited?

The “Nagaland Land Revenue Regulation Act, 1978”, prohibits all the non-residents of Nagaland from buying land in the state. The primary rationale behind this act is to protect the culture and interests of the tribal Naga and other communities. By preventing purchase of land by Non residents the government seeks to prohibit exploitation of tribal land and encroachment by outsiders. It ensures that the tribals use the land according to their interests and interests of other local communities of the state. If unrestricted purchase of land is allowed it may lead to cultural and social tensions between the Non residents and the tribal
people of Nagaland.

While the legislation aims to protect the Culture and interests of the Naga tribes they also carry a potential downside. These downsides can cause hindrance in the economic growth of the state. A good answer to solve such a problem can be limited purchase of land in a given area, For Example: what if the legislation allows the outsiders to buy land in just the city of Kohima the state’s capital, as it also being the financial capital more investment can result in being very fruitful for the state’s economic development. Not just Kohima a few more cities can be allowed where purchase of land is not totally restricted. Another way to counter the problem could be getting the states approval for the kind of business a person wants to carry in the state for which he buys land, which would solely be used for that business only.

CONCLUSION:

Since a while ago, there has been a lot of discussion concerning Article 371-A for various reasons that shed light on its benefits and drawbacks. People may express differing opinions depending on the situation or event that is occurring. Nagas’s shield is Article 371-A. This is due to the Naga people’s unique status under the Indian constitution, which states that the state retains ownership and transfer of land and its resources, as well as any Act of Parliament pertaining to their religious or social practices, Naga customary law and procedure, including civil and criminal justice. In terms of land ownership and transfer, Jammu & Kashmir too enjoyed a privileged standing under Article 370, similar to Nagaland.

We can infer from the comments above that the State of Nagaland has a rich cultural heritage. As was already noted, there are numerous benefits to the execution of Article 371-A, and people take pleasure in the autonomy this blessing grants them. However, as previously said, there are issues with this article that have also been brought out; this needs to be taken seriously and is crucial for raising public awareness. Every state issue must be approached from a humanitarian standpoint by both the federal government and the state governments, not for political points. In order for the Naga tribes to benefit from this article rather than suffer from it.

References:

1. B K Bhattacharjya, S Borah, P Das, D Baruah, N S Odyuo and K Kense, ‘Nagaland: Status and Perspectives’
(2018) 38 Fishing Chimes 1.

2. D Nyekha, Article 371A and the Special Constitutional Status of Nagaland: The Principles and Practices of Autonomy(n.d.).

3. B G Gokhale, ‘Nagaland—India’s Sixteenth State’ (1961) 1 Asian Survey 36.

4. G Bhattacharjee, ‘The Reality of Special Category States’ (2014) 49 Economic and Political Weekly 48.

5. State of West Bengal v Anwar Ali Sarkar MANU/SC/0033/1952 (SC).

6. S L Walling and T Y Humtsoe, ‘Political Economy of Development in the Indian State of Nagaland: Issue and Challenges’ (2021) 15 Indian Journal of Human Development 395.

7. G P Sema, ‘Political Elite and Their Roles in Nagaland’ (2018) 4 International Journal of Advance Research, Ideas & Innovations in Technology 714.

8. M Khan, ‘Nagaland’ in The Territories and States of India 2024 (Routledge 2024) 237.