Dr.Vareso Ningshen
Historically speaking, Naga-land is a country of the purest democracy in the world. Basically Nagas are a classless society and lovers of justice, peace, equality, courage, freedom and democracy. Naga Clubs’sMemorandum to Simon Commission in 1929 to leave the Nagas alone, Naga Independence declaration, 1947 and the Naga Plebiscite, 1951 under Naga National Council, NNC are all said to be the unique histo-political foundation of Naga national movement. The Anglo-Naga relation during the British Colonial era was more of protectorate in nature than active colonization. Taking this histo-political reality of the Nagas into consideration, the 16-point Agreement between India and Naga Peoples Convention, NPC signed in 1960 caused the creation of the present state of Nagaland in 1963 which was put under the Ministry of External Affairs, MEA. In principle, Nagaland being considered as an associate state of India was then under the direct administrative supervision and control of MEA till 1972. However, the NNC under the strong, dynamic and charismatic leadership of the father of the Naga nation (L) A.Z.Phizooutrightly condemned and disowned the said 16-Point Agreement apparently based on hard political reasons. Basic political reasons why the 16-P.A was rejected in totointeralia are; India’s non-recognition of independent Naga nationhood, non-recognition of undivided Naga territory (contiguous Naga homeland situated between India, Myanmar & China),Naga Constitution (Yehzabo), Naga National Parliament (Tatar Hoho), Naga Flag, separate Naga citizenship right, etc. NNC considered the deal as an aggressive policy to further divide the Nagas and weaken the Naga struggle. NNC thence intensified its offensive armed resistance in defense of the indestructible and a unified Naga nation-state.
India having realized the rejection of the said agreement by NNC and the Naga People agreed to sign the 1st ever Indo-Naga bilateral ceasefire w.e.f. September 6, 1964. History reminds us that the 1964 Peace talk between GOI and FGN (NNC) could not succeed due to the extremely rigid political stands adopted by both the parties. A middle path approach could have been explored but to no avail.The failure of this Peace talk obviously led to the unilateral transfer of Nagaland from MEA to Home Ministry by India. The 2nd Indo-Naga bilateral ceasefire signed on August 1, 1997 between GOI & GPRN (NSCN) to resolve the protracted Naga political issue has reached more than 18 years. Hard work with strong conviction, commitment, patience, courage and the wisdom of the main Naga negotiating team of NSCN (IM) under the dynamic and charismatic leadership of Hon’bleYaruiwoIsakChishiSwu, AtoKilonser Th. Muivah & other young leaders has resulted to the signing of the August 3, Framework Agreement. It is obvious that a legal and political framework has been worked out in resolving the political crisis between the two parties. On the other hand, the basic questions circulating in the minds of every concerned Naga are; what are the actual contents of the Framework Agreement? What is the core structure of the Framework Agreement? Does the framework lie within the parameter of the constitution of India? If no, Nagas will definitely accept it. If yes, the critical question is under which constitutional mechanism? In the general interest of all we can briefly cite two (2) structural frameworks that the constitution of India sanctions in matters of her administration and governance. 1. The constitution in Article 245, 246 read with 7th Schedule Provide the structure of intra-territorial administration & governance in India. Under this framework legislative powers & functions are duly distributed between the centre and the constituent unit states. The Union list, state list, concurrent list and residuary powers are streamlined and regulated under this constitutional mechanism. 2. The 2nd framework sanctioned in Article 260 r/w The Foreign Jurisdiction Act, 1947 provide the structure of extra-territorial administration and governance (Supra territorial authority) by India. This framework enables Government of India, GOI to acquire any executive, legislative or judicial function of a territory outside India by an agreement with the government of that territory. India’s Bhutan type relation was said to have been made under such constitutional mandate.Although undisclosed in writing, some of the contents of the Framework Agreement can ostensibly be assumed from the articulations reflected in news papers. Some of the assumptions are; India’s recognition of Naga history and situation which means Nagas were never a part of India either by consent or conquest, mutual agreement to share sovereign powers as between two entities and mutual recognition of the universal principle that sovereignty lies with the people. If these assumptions are correct, the 2nd structural framework which enables India to have extra-territorial jurisdiction of governance to a territory outside of it, appears to be the most relevant and compatible mechanism in the context of the real, substantive and pragmatic needs of the contemporary Indo-Naga societies. The establishment of new Indo-Naga relation & the sharing of sovereign power between the two entities may best be done distinctively by an agreement under this framework. Infact, Nagas and India have long been insisting for a peacefully negotiated settlement. This constructive reorientation of the structure and framework of a new Indo-Naga relation if rightly put to a logical conclusion may further enhance the Nagas’ political association with India to a higher & wider horizon and a key to a new & lawful relationship between the two. This will significantly promote a prosperous Indian nation state and the makingof Naga nation in this new millennium.
It may be noted that India’s relation with the present state of Nagaland is put under the 1st framework i.e. 7th Schedule r/w Article 245 & 246 despite the grant of some autonomy in few subjects under Article 371A. Putting Indo-Naga relation under this 7th schedule framework at par with other constituent unit states of India is seemingly one of the primary reasons why Naga national workers have been opposing tooth & nail. There won’t be any problem if the agreement is brought about outside the purview of the Indian constitution. However, if at all it is to be done within the constitutional jurisdiction of India, the purpose may best be served if it is done distinctively under a separate mechanism (Article 260) i.e. outside the Purview of the existing general mechanism under 7th schedule by arriving an agreement. Existing autonomy status in Article 371A may still be constructively reviewed again. But the most important part is that this provision may best be implemented by a unique mechanism under the said 2nd constitutional framework. An enabling clause for reviewing the agreement from time to time may be made mandatory. In this regard the agreement for such new political arrangement can be for 50/100 years whatsoever. What is most important is how just, fair, secured and honourable is the foundation of the relationship. Negotiating Nagas’success of making India recognize Nagas’ Constitution (Yehzabo), Flag, separate citizenship, Parliament (Tatar Hoho), etc which could not be done in the 16-point Agreement appears to be the most imminent criteria and political question for finding an answer to real, final and lasting solution to the long standing Naga Problem. Mechanism for sharing of sovereign power relating to Naga’sdefence and foreign affairs may be made more flexible, compatible and in conformity with the national security and interests identical to both India and the Nagas. As above stated an hon’ble agreement under a separate structural framework (mechanism) wherein Indo-Naga relation is to be defined and regulated appears to be of paramount importance as this will only enable to manifest & ensure a clear road map to the future of Naga nation.
In this perspective, it may be in the best interest of India to restore back the Nagas in Myanmar with their brethren in India’s associate-Naga-land. Hon’ble Prime Minister of India,ShriNarendraModiji is a world class leader with powerful global influence. He loves peace, justice, freedom and humanity for others in as much as he loves for himself and his country. He is one of the great Indian leaders of this millennium with high statesmanship who virtually has inherited hon’ble father of the nation (L) Shri Mahatma Gandhi’s love & respect for the rights and freedom of the Nagas. Hon’ble Naga interlocutor Shri. R.N. Ravi has a great admiration for the Nagas. He is a man of character and a dynamic Indian leader with a strong resolve to solve the Indo-Naga crisis. At this critical stage of Naga struggle, it is of utmost need to use God given collective wisdom of the Nagas in finding a common solution beneficial to all. Any such Naga solution should be the outcome of the direct or indirect support of all Naga People, different Naga political groups, neighbours & all Naga friends. The wisdom to give peace a chance, the wisdom to forget & forgive all ills & hatred of the past, the wisdom to explore harmonious and peaceful relations with neighbours and the wisdom to unitedly stand &endeavor a real, workable & lasting Naga solution is the greatest challenge of all in this new millennium. Merry Christmas & Happy New Year!
Author’s Note: This Write-up is a humble expression of opinion purely out of academic exercise without any ill will or prejudice to anyone, aimed only for the benefit of public discourse.
