Dr. K. Hoshi, Phek Town
The possibility of discontinuing special category status to Nagaland and ten other States has captured the news headlines for quite some time now. This will not be the first time that Nagaland will feel the pinch. Special funding pattern for Nagaland was withdrawn prematurely in 1989. That had badly affected the development programs in the State.
Special category status is common to eleven states in India. But special funding pattern of pre-1989 was unique to Nagaland because the situation and historical background under which the state was created was different. Barring Assam, other NE-states were not even born then. Even before India became independent, Naga Hills was unique in its own way. Historically; Nagas and their territories were never part of Assam before the advent of the British. Unlike most other NE-states, Nagaland was detached from (and not carved out of) Assam. Nagaland was created on the basis of this historical right. Under the instrument of 16-PA, special funding pattern was the political right of Nagaland. The legislative powers were guaranteed in Article 371A of the Constitution of India.Clause 11 of 16-PA stated; “To supplement the revenues of Nagaland, there will be a need for the Government of India to pay out of the consolidated fund of India as Grants-in-aid as follow:-
(a) Lump-sums as may be necessary each year for the development programs in Nagaland.
(b) A fixed recurring sum (Annual Subvention) for meeting the cost of administration in Nagaland”.
This clause clearly implied that the new State did not even have the revenue to bear the administrative cost. It was to be fully dependent on Delhi for both administrative cost and development programs. For India, creation of Nagaland was more a political compulsion than qualification. Delhi had no choice than to promise to bear both.
Delhi seems to have forgotten that clause 11 of 16-PA was not just a commitment but an obligation. Nagas will not forget that it was the price of peace paid by the blood of their brothers and sisters. The instrument of 16-PA did not give the right to Delhi to withdraw any part of it unilaterally. Needless to say, withdrawing special funding pattern was violation of that political agreement. Regrettably, the State government of that time failed to act politically by taking the people of Nagaland into confidence. It appears that the issue was taken as governance issue and not political issue. The people of Nagaland have suffered on account of those violations and failures.
Withdrawing special category status for Nagaland will further depress development programs and progress. Therefore, if special category status is to be done away with, Nagaland should consider revisiting special funding pattern of pre-1989 status. 16-PA gives Nagas the political right to demand for restoration of the special funding pattern because, in the context of Nagaland, special category status more or less replaced special funding pattern.
However, if restoration of special funding pattern is not acceptable to Delhi, Nagaland should consider revisiting the 16-PA in toto. The reasons are very simple. While, some clauses of 16-PA are yet to be implemented even after fifty years of statehood; some clauses were blatantly violated by Delhi. In such a scenario, there is no honor for Nagas to uphold an agreement that could not be honored by the other party.
Therefore, whether to continue with or abandon 16-PA should be decided by the people of Nagaland through a referendum. The slow process of de-oxygenating the Nagas should not be taken lightly. I would suggest that the all-party government of the 12th NLA pass a resounding unanimous resolution to that effect in the ensuing monsoon session.
Meanwhile, should even a new political deal be in the offing from the ongoing political talk as alternative option, Nagas should learn a lesson from failures and violations of 16-PA. Any new political deal; sans sovereignty, that does not guarantee a provision for fool-proof clause to automatically repulse any attempt of betrayal will end up like 16-PA only.
