“Art 371(A) has become impediment to development” is the caption stated by FP Solo, Commissioner and Secretary (SE & SCERT), Govt. of Nagaland which appeared in the local dailies and particularly, the front page of Nagaland Post dated 21.4.2016. This statement from a local bureaucrat and presently holding vital departments is indeed an utter surprise to NTC. What is the motive behind the statement is exclusively known to the bureaucrat himself, and yet the statement has targeted the very article by which Nagaland State has been placed in a special position above other States because of political reasons as of today. The citizens of the State are proud of the constitutional status under which the land and its resources belong to the indigenous people of Nagaland. In other words, the land does not belong to the State as it is in other States/Union territories of Indian Union.
Although we lag behind others in respect of developments, whatever could happen have become so during the last 53 years of Statehood under the same circumstances? The special provision under Art 371(A) has neither ambiguity nor confusion as for furtherance of development in the interest of the people of Nagaland. Clause (a) of sub-clause (iv) of Art 371(A) says that ‘no Act of Parliament in respect of 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.’ Under this provision, the law framing body which is the State Legislative Assembly has every power at its disposal to make or review any law suiting and developmental friendly in Nagaland. To this effect, a law pertaining to ownership of land in Nagaland was enacted under the title of ‘The Nagaland Land and Revenue Regulation (Amendment) Act of 1978’. In Section 2(2) ‘Notwithstanding anything to the contrary in any law, usage, contract or agreement no person (other than the indigenous inhabitants of Nagaland) shall acquire or possess by transfer, exchange, lease, agreement of settlement of any land in any area or areas constituted into belts or blocks in contravention of the provisions of Sub-Section(1).’ In the same manner, the Govt. of Nagaland can conveniently make laws and frame rules on land use in the interest of development.
Whatever hitches relating to land issue that may crop up from time to time can be tackled by administration. Such hiccups cannot be considered roadblocks to developments. Rather branding the Article as ‘impediment’ is the excuse for development stagnation.
As a matter of truth, what are the impediments to developments in Nagaland today is nothing but corruption from top to bottom irrespective of politicians or bureaucrats. The lack of integrity in the Government and its machineries, selfishness, senselessness, tribalism, nepotism and greed of power and wealth are the impediments to progress. Whereas, the Article 371A is the basic structure of the constitution that gives birth to the State to which any Government servant oath an allegiance to serve.
The NTC does not expect such casual and irresponsible statement from a very highly placed Naga officer.
