Article 371A of the Indian Constitution grants special provisions to the State of Nagaland. Inserted by the Constitution (Thirteenth Amendment) Act, 1962, it came into effect upon the formation of the State of Nagaland on December 1, 1963. This Article is a result of the 16-Point Agreement signed in 1960 between the Government of India and the Naga People’s Convention, which led to the creation of Nagaland as a separate state.
The primary purpose of Article 371A is to safeguard the unique social, cultural, religious, and customary practices of the Naga people, as well as their traditional systems of justice and land ownership. It aims to provide a constitutional mechanism that respects the distinct identity of the Naga society while integrating them into the Indian Union.
Original Text
(1) 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;
(b) the Governor of Nagaland shall have special responsibility with respect to law and order in the State of Nagaland for so long as in his opinion internal disturbances occurring in the Naga Hills-Tuensang Area immediately before the formation of that State continue therein or in any part thereof and in the discharge of his functions in relation thereto the Governor shall, after consulting the Council of Ministers, exercise his individual judgment as to the action to be taken:
Provided that if any question arises whether any matter is or is not a matter as respects which the Governor is under this sub-clause required to act in the exercise of his individual judgment, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in the exercise of his individual judgment:
Provided further that if the President on receipt of a report from the Governor or otherwise is satisfied that it is no longer necessary for the Governor to have special responsibility with respect to law and order, he may by order direct that the Governor shall cease to have such responsibility with effect from such date as may be specified in the order;
(c) in making his recommendation with respect to any demand for a grant, the Governor of Nagaland shall ensure that any money provided for the service specified in the recommendation is spent on such service and not any other service;
(d) as from such date as the Governor of Nagaland may by public notification in this behalf specify, there shall be established a regional council for the Tuensang district, consisting of thirty-five members and the Governor shall in his discretion make rules providing for—
(i) the composition of the regional council and the manner in which the members of the regional council shall be chosen:
Provided that at least one of the members representing the Tuensang district in the Legislative Assembly of Nagaland shall be a member of the regional council:
(ii) the qualifications for being chosen as, and for being, members of the regional council;
(iii) the term of office of the members of the regional council;
(iv) the procedure and conduct of business of the regional council;
(v) the appointment of officers and other employees of the regional council; and
(vi) any other matter in respect of which it is necessary to make rules for the constitution and proper functioning of the regional council.
(2) Notwithstanding anything in this Constitution, for a period of ten years from the date of the formation of the State of Nagaland, or for such further period as the President may, on receipt of a report from the Governor, by order specify,––
(a) the administration of the Tuensang district shall be carried on by the Governor;
(b) 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;
(c) all Acts of the Legislature of Nagaland shall, in their application to the Tuensang district, be subject to such exceptions or modifications as the Governor may, in his discretion, by order specify;
(d) the Governor shall in his discretion make rules for the peace, progress and good government of the Tuensang district, and any rules so made may repeal or amend any Act of Parliament or any other law which is for the time being applicable to that district;
(e) there shall be one Minister for Tuensang affairs in charge of the Tuensang district, who shall be specifically charged with the responsibility for the administration of the Tuensang district;
(f) in Articles 54 and 55 and clause (4) of Article 80, references to the elected members of the Legislative Assembly of a State or, as the case may be, to the members of the Legislative Council of a State, shall include references to the members or members, as the case may be, of the Nagaland Legislative Assembly elected from the Tuensang district; and
(g) in Article 170—
(i) the references to the elected members of the Legislative Assembly of a State shall include references to the members who choose the member representing the Tuensang district in the Legislative Assembly of Nagaland; and
(ii) in the proviso to clause (1), the reference to the State of Arunachal Pradesh, Goa and Mizoram shall be construed as including a reference to the State of Nagaland.
Explanation.—In this article, the Kohima, Mokokchung and Tuensang districts shall mean the districts as in existence immediately before the 1st day of December, 1963.
Detailed Explanation
Article 371A grants significant autonomy to the State of Nagaland in specific matters, recognizing the distinct identity and historical context of the Naga people.
Clause (1) begins with a non-obstante clause (“Notwithstanding anything in this Constitution”), indicating that its provisions prevail over other articles of the Constitution.
Sub-clause (a) of clause (1) is particularly crucial. It lists four key areas where Acts of Parliament shall not apply to Nagaland unless the State’s Legislative Assembly approves them by a resolution:
- Religious or social practices of the Nagas: Protects the unique cultural and religious traditions.
- Naga customary law and procedure: Safeguards the traditional legal systems used within Naga society.
- Administration of civil and criminal justice involving decisions according to Naga customary law: Ensures that traditional justice mechanisms, especially for matters governed by customary law, are respected.
- Ownership and transfer of land and its resources: This is a vital provision protecting the community-based ownership and transfer systems prevalent among Naga tribes, preventing outsiders from easily acquiring land and safeguarding local control over resources like minerals, forests, etc., within their territory.
This sub-clause effectively gives the Nagaland Legislative Assembly veto power over central legislation in these specified domains, ensuring local control and preservation of traditional life.
Sub-clause (b) of clause (1) vests a special responsibility in the Governor of Nagaland regarding law and order. This responsibility is to continue as long as internal disturbances (referring to the insurgency prevalent before Nagaland’s statehood) exist in the region. In discharging this duty, the Governor is required to consult the Council of Ministers but ultimately exercises his individual judgment. The Governor’s decision on whether a matter falls under this special responsibility is final and cannot be questioned in court. However, a second proviso allows the President to lift this special responsibility if satisfied, based on a report from the Governor or otherwise, that it is no longer necessary.
Sub-clause (c) of clause (1) mandates the Governor to ensure that funds recommended for specific services through grant demands are utilized solely for those services and not diverted elsewhere. This provides a mechanism for fiscal oversight in specific areas.
Sub-clause (d) of clause (1) provided for the establishment of a regional council for the Tuensang district, consisting of 35 members. It empowered the Governor to make rules for its composition, selection of members, qualifications, term, procedure, officers, and other necessary matters, exercising discretion in framing these rules. This was intended to give the relatively less developed Tuensang region a specific administrative mechanism.
Clause (2) contained special provisions specifically for the Tuensang district for an initial period of ten years from the formation of the State (December 1, 1963), extendable by the President based on a Governor’s report. These provisions included:
- Administration of Tuensang by the Governor (2a).
- Equitable allocation of central funds between Tuensang and the rest of Nagaland by the Governor’s discretion (2b).
- Application of Nagaland Legislature’s acts to Tuensang subject to exceptions or modifications specified by the Governor (2c).
- Governor’s discretion to make rules for peace, progress, and good government of Tuensang, with the power to repeal or amend central or state laws applicable to the district (2d).
- Requirement for a dedicated Minister for Tuensang affairs (2e).
- Inclusion of members elected from Tuensang district in the references to elected members of State Legislative Assemblies for Presidential election (Arts 54, 55) and indirectly for Rajya Sabha elections (Art 80) (2f).
- Specific application of Article 170 (Composition of Legislative Assemblies) regarding Tuensang members (2g).
The Explanation clarifies the districts referred to in the Article are those existing immediately before December 1, 1963.
It is important to note that the special provisions under Clause (2) for the Tuensang district were largely time-bound and have, for the most part, ceased to operate or have been modified over time as the district integrated more fully into the state’s administration. However, Clause (1)(a) regarding the protection of Naga customary law, land, etc., and Clause (1)(b) regarding the Governor’s special responsibility for law and order (though the condition for its cessation is mentioned) remain significant features of Nagaland’s constitutional status.
Detailed Notes
- Grants special provisions for the State of Nagaland.
- Inserted by the Constitution (Thirteenth Amendment) Act, 1962.
- Came into force on December 1, 1963, with the formation of Nagaland.
- Based on the 16-Point Agreement (1960) between the Government of India and the Naga People’s Convention.
- Article’s provisions override other parts of the Constitution (“Notwithstanding anything in this Constitution”).
- Key Protections (Clause 1a): Acts of Parliament on these matters do NOT apply to Nagaland UNLESS the Nagaland Legislative Assembly passes a resolution:
- Religious or social practices of the Nagas.
- Naga customary law and procedure.
- Administration of civil and criminal justice based on Naga customary law.
- Ownership and transfer of land and its resources.
- This grants significant autonomy and protection to Naga traditional life and land rights.
- Governor’s Special Responsibility (Clause 1b):
- Governor has special responsibility for law and order in Nagaland.
- This responsibility is linked to the continuation of internal disturbances present before state formation.
- Governor must consult the Council of Ministers but acts in individual judgment regarding necessary action.
- Governor’s decision on whether a matter falls under this special responsibility is final and unquestionable.
- President can order the cessation of this special responsibility based on the Governor’s report or otherwise.
- Financial Oversight (Clause 1c): Governor must ensure funds recommended for specific services are spent ONLY on those services.
- Regional Council for Tuensang (Clause 1d): Provided for establishing a regional council of 35 members for the Tuensang district. Governor makes rules for its composition, selection, term, procedure, etc., in their discretion. (Historically significant, implementation details evolved).
- Time-Bound Special Provisions for Tuensang (Clause 2): Applied for 10 years from state formation (extendable by President).
- Governor administered Tuensang district.
- Governor arranged equitable allocation of central funds for Tuensang.
- Nagaland Legislature’s Acts applied to Tuensang with Governor’s specified exceptions/modifications.
- Governor made rules for Tuensang’s peace, progress, and good government, potentially overriding central or state laws.
- Mandatory Minister for Tuensang affairs.
- Inclusion of Tuensang members in electoral college for Presidential elections and indirect Rajya Sabha elections.
- Special provisions for the application of Article 170 regarding Tuensang representation.
- Note: Clause (2) provisions were largely temporary and have expired or been superseded. Clause (1)(a) and (1)(b) are the most significant ongoing provisions.
- Explanation clarifies districts refer to those existing before December 1, 1963.
Additional Comments
- Article 371A is unique in the extent to which it protects customary laws, land rights, and social/religious practices from potential interference by central legislation.
- The protection of land ownership and resources under customary law is particularly significant in Nagaland, where land is often communally owned or held under traditional systems rather than individual pattas as in much of the rest of India.
- The Governor’s special responsibility for law and order reflects the historical context of insurgency in the region. While the intensity of the ‘internal disturbances’ has varied, the provision technically remains active unless explicitly removed by a Presidential order under the second proviso to Clause (1)(b).
- The time-bound provisions for Tuensang district under Clause (2) were aimed at facilitating the integration and development of this comparatively less developed area within the new state structure. Over time, the administrative setup of Tuensang (now bifurcated into several districts) has evolved, and these specific temporary provisions are no longer operational in their original form.
- Article 371A serves as a constitutional recognition of the Naga people’s distinct identity and their right to maintain their traditional systems, representing a unique federal arrangement within the Indian Union.
Summary
Article 371A provides special constitutional provisions for the State of Nagaland, primarily aimed at preserving the unique cultural, social, religious, and customary practices of the Naga people, including their customary laws, justice systems, and traditional ownership and transfer of land and its resources. It mandates that no Act of the Indian Parliament concerning these specific areas shall apply to Nagaland unless the State Legislative Assembly passes a resolution to that effect. The Article also vests the Governor of Nagaland with a special responsibility for law and order in the state, exercisable in individual judgment after consulting the Council of Ministers, particularly concerning internal disturbances. Historically, it included temporary provisions for the administration of the Tuensang district, which have largely ceased to be operational.