Says litigation detrimental to Article 371 (A)
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Dr Imtiwapang Aier[/caption]
Mokokchung, September 18 : The parliamentary secretary for Geology & Mining Dr Imtiwapang Aier has appealed to the Lotha Hoho to re-examine their “second PIL” challenging the validity of the Nagaland Petroleum & Natural Gas 2012 (NP&NG) as it, according to him, ‘infringes’ upon Article 371 (A) of the Indian Constitution.
It is ‘detrimental for the Naga society,’ the legislator said on September 16 at Tuli in Mokokchung.
Dr Aier was speaking with media persons on the sidelines of a program about a designated coal depot. The parliamentary secretary said that coal and oil were 'for the socio economic development of the people.' Therefore, it must be utilized ‘to our outmost abilities,’ he explained.
Dr Aier stated that the PIL, which challenged the constitutional validity of the NP&NG rules and regulation of 2012 passed by the Nagaland Legislative Assembly, was ‘unconstitutional which supports the centre.’
“It means we are indirectly supporting the central government and also authenticating the letter from the Ministry of Home Affairs, Government of India, that we are surrendering the Article 371 (A), because we do not need it,” the parliamentary secretary said. He expressed regret at the ‘approach of the Lotha Hoho which might prove detrimental to the Naga society.’
A letter by the Ministry of Home Affairs that was dated May 23, 2013 right after the NP&NG was passed, states that ‘Article 371 (A) does not confer legislative powers to the legislative assembly of Nagaland on regulation and development of mineral oil.’ It is also mentioned that the power to make laws in respect to the subjects covered under List-1 of the Seventh Schedule of the Constitution, including entry-53 of List-1, rests with the Parliament.’
Hence, he said, ‘they’ are of the view that the resolution passed by the Nagaland Legislative Assembly in July 2010 was unconstitutional and ‘invalid,’ he said.
Dr Aier also stated that Article 371 (A) had a special provision with respect to Nagaland that “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”.
The word ‘resources’ is not bestowed for Mizoram (special provision with respect to the state of Mizoram), he said and strongly advocated the clause in Article 371 (A) which states that the land and “its resources” belong to the people (of Nagaland).
He said that if Article 371 (A) of the Indian Constitution was misinterpreted, ‘Then we Nagas will have nothing’.
The parliamentary secretary also asserted that if the Naga people fail to be ‘careful, then the Indian government might dilute other provisions into the Article 371 (A) especially about the land and its resources.’
‘If the Lotha Hoho takes the PIL to Supreme Court then there is a very big chance that the Supreme Court may give the ruling in favor of the Indian government which will ultimately lead to the Naga people losing their ownership of the mineral resources in the land especially petroleum and coal,’ he said.
The verdict of the Kohima bench of the Guwahati Court on October 8, 2015, he said, had stated that “Article 371 (A) of the constitution do not confer competence on the legislative assembly of Nagaland to legislate on a subject which is within the exclusive domain of Indian Parliament and in this aspect may require further deliberation of the court” by referring to the Union List of entry-53.
Dr Aier therefore strongly urged the Lotha Hoho to negotiate with the Nagaland government instead of approaching the court. “There are other approaches... Why not negotiate; the Nagaland state government is ever willing to listen. We are for the Naga people,” he asserted.
The politician also called upon the Naga people to ‘seriously deliberate upon the issue and take corrective steps.’ Coal and oil in the Naga areas is a subject of the Naga people as empowered by Article 371 (A), he added.
