The stand of NTC on Article 371 A (1)(a) is very misconstrued and very misleading. I also feel that the view of NTC of the State PNG Regulation and Rules and State revenue is very myopic. Any esteemed well-versed reader will understand that it is an anti government tactic taking the unfortunate PIL filed by LothaHoho as a step board. Having said that, I want to share my perception on the matters, both the Article in question and the PIL. My personal feeling is that, the very intention of the PIL might have been purportedly to challenge perceived infringement on Article 371 A (1)(a) while framing the 2012 Rules and Regulations on PNG by the State Government, it lack stereoscopic analysis and the worrisome point is that the PIL is serving to polarize the issue into a situation that will mainly argue in the Court of Law, the Constitutional competence of the Nagaland Govt. to frame its own Rules and Regulation on PNG. According to my reading of the interim ruling, Nagaland Government is apparently NOT competent to frame its Rules and Regulation on PNG.Also that the State Govt. is out of its power to allot any company the license to mine petro-chemical in the State. A stand that will be jumped upon by the mainland Indians and the powers in the center alike, specially the ministry of PNGGoI.The stand of the Ministry of PNG is obvious from the unstarred Parliament Q&A No 2423 of 10/03/2011 and the subsequent laying of corrective statement given after two years by MoS PNG GoI on 30/08/2013). Readers will be aware that, after this corrective statement in the Parliament, Central Govt. auctioned oil blocks in Nagaland. Are Nagas,especially Nagas who care for petro-chemical mining in Nagaland listening to the loud underlying message of the Ministry of PNG Govt. of India? The global auction in question will have to be based on the Indian Petroleum Act. So then, where does the Article 371A stand? Hon. Chief Minister Nagaland Shri. T. R. Zeliang is absolutely right in raising concern that, this act of the GoI auctioning oil block in Nagaland infringes on Article 371a(1)(a) and that it will cause a setback on the ongoing negotiations between GoI and Naga peace negotiators for permanent settlement of the vexed Naga issue. Matter of fact, inspite of our late awakening, Good visionary leadership of Shri N. Rio The former Chief Minister and the capable Ministership of Shri. T. R. Zeliang as Planning Minister today we have our own State Rules and Regulation on PNG. Nagas (of Nagaland) at this juncture should be seriously talking about the Auctioning of oil blocks in our State by Govt. of India. This act of GoI is absolutely a direct infringement on the Article 371A(1)(a)(iv). Given thesevery facts, it is highly surprising that Hon. GHC has made the Secretary Ministry of PNG GoI respondent No. 8 of the PIL by its own volition. Then again, how is it that the Hon. GHC’s interim order lay emphasis on the Union list entry 53 to base and pronounce its tentative view to provide interim relief while failing to mention the very starting sentence of Article 371 A (1) which says “Notwithstanding anything in this Constitution”.Union list 53 may be applicable to the rest of India but not to Nagaland, which has its own set of customary and traditional norms and system of holdings untouchable by the Constitution of India.I believe, 99.99% of Indians will not know that, Nagaland State was born out of negotiated settlementafter much blood shed and not by invoking constitutional provision for formation of new State as laid down in the Indian Constitution and therefore that, the insinuation of Article 371(A) is the very essence of Nagaland being a unit of India’sfederal setup. Again, 99.99% of Indians will also not know that, Nagas by our custom and tradition have a different land holding system. This is aaccepted and acknowledged system.My hope is that, every adult Naga (of Nagaland) specially a Naga leader of whatever hue and color becomes conversant with the aspects of Article 371A and not given to speculative and assumptive opinion of the Article.
The Article 371A does not per se does not directly protect the Land ownersfrom any extraneous exploits nor does it say that in respect of Nagaland, the Land and its resources belongs to the people as many write-ups including that of NTC seen in our local papers try to make people believe otherwise. The Article is infact, very simple and clear. It provides constitutional power to the Nagaland Legislative Assembly to resolve as to whether or not an Act of Parliament should be made applicable to the State of Nagaland. Let me reproduce Article 371A for better understanding of my points.
The Constitution Of India
Article 371A in
Special provision with respect to the State of Nagaland
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;
Please take note of the sentences that I have marked in block and underlinedletters. Article 371A is an acknowledgement of the uniqueness by which Nagaland became a State within India, and the binding authority placed on Nagaland Legislative Assembly to resolve in the interest of its people as to whether any Acts of Parliament touching entries in Article 371 A(1)(a) (i) to (iv) should or should not apply to the State of Nagaland. Now, If I were to interpret the Special provision of the Article in relation to petroleum mining in Nagaland, it would be like this –
“Leaving aside any mentions made in Part-XI entry 53 of the Constitution on PNG, the Indian Petroleum Act 1934 and the Petroleum Rules 1976 will not be applicable to the State of Nagalandunless the Nagaland Legislative Assembly by resolution so decides”
The Nagaland Legislative Assembly Resolution of July 2010 invokes this Constitutional power to state that Indian Petroleum Act 1934 and the Indian Petroleum Rules 1974 will not apply to the State of Nagaland. Thus the State has constitutional validity, specially considering the unique land holding system, to frame its own rules and regulations for exploration, extraction, refiningand bottling. From these perspectives, I feel a PIL on the matter is unfortunate and the stand of NTC ill founded. The matter should have gone through a consultative process both within and out side the tribe. Deficiencies if any in the Regulation and Rules could have been internally discussed and addressed. As for the allotment of mining license to a particular company, if there are perceived irregularities, anyone can seek redressal and I have no particular comment on this issue. However, the stand taken by the concerned chairman of the of the concerned Village and the LLRPO(Lotha Lower Range Public Organization) speaks volumes on the issue. On the stand of NTC on revenue, its ignorance is apparent and I don’t feel like commenting.
If at the end of the day, Hon. GHC as indicated by its tentative ruling comes up with a final judgment that says that, Nagaland Govt. is not competent to frame separate Rules and Regulations on PNG then, the very essence of Article 371 A(1)(a) will lie buried along with the thousands of Nagas who gave their lives in the zealous hope for an independent Nagaland.
Dr. Chumben Murry
chumbenmurry@rediffmail.com
