An MoA was signed between GoI, Nagaland govt and Eastern Nagaland Peoples’ Organisation on Feb 5 for constitution of the Frontier Nagaland Territorial Authority (FNTA).
1. On 5th February 2026, a Memorandum of Agreement (MoA) was signed between the Government of India, Government of Nagaland and Eastern Nagaland Peoples’ Organisation for constitution of the Frontier Nagaland Territorial Authority (FNTA).
2. The Department of Law and Justice, Government of Nagaland was accordingly, soon after the signing of the MoA on 5th February 2026, was tasked with the drafting of a Bill for constituting the FNTA incorporating the various provisions of the MoA. It may be stated that clause 3.3 of the MoA, provides for constitution of the Frontier Nagaland Territorial Authority (FNTA) under a special legislation to be enacted by the State Government in consultation with the Ministry of Home Affairs (MHA), Government of India.
3. The Bill so drafted was thereafter placed before the Cabinet in its meeting held on 26th February 2026 for examination and approval. The Cabinet noted that the provisions of the MoA, also envisaged, among others, to give Legislative Powers to FNTA. As there were certain constitutional questions involved, the views of the Learned Advocate General was also sought and the Learned Advocate General opined that under the constitutional scheme, Legislative Power cannot be conferred on to FNTA through a State Legislation. It was observed that the State Government does not possess the legislative competence to delegate powers equivalent to its own or to transfer a legislative authority to another body or authority.
4. As provided in the MoA that the special legislation has to be enacted in consultation with the MHA, the State Government accordingly decided to bring the opinion of the learned Advocate General and its observation in respect of transferring Legislative Powers to the FNTA to the notice of the MHA. A communication was accordingly sent to MHA on 6th March 2026 regarding the issue of Legislative powers under clause 3.3 of the MoA, and a copy of the communication was also provided to ENPO for its information.
5. Subsequently, on 10th March 2026, a communication was received from the MHA wherein the State Government was requested to initiate action in terms of clause 3.3 of the MoA for constitution of FNTA under a special legislation to be enacted by the State Government in consultation with the MHA and to send the Draft Proposal in this regard to MHA.
6. A copy of the draft Bill for constitution of FNTA as vetted by the learned Advocate General of the State, was accordingly thereafter sent to MHA on 17th March 2026 in terms of Clause 3.3 of the MoA.
7. Subsequently, the representatives of the ENPO had a meeting with the Hon’ble Chief Minister on 24th March 2026 and a representation was submitted wherein the ENPO on behalf of the 8 (eight) tribes of the Eastern Nagaland requested the FNTA Bill to be passed before the forthcoming ENPO’s Central Executive Committee (CEC) meeting scheduled to be held on 30th March 2026. In their representation, it was mentioned that already 49 (forty-nine) days had passed since the signing of the MoA and therefore, no further delay should be done.
8. In view of the representation of ENPO, the Cabinet met the next day, ie, on 25th March 2026, and further deliberated on the provisions of the draft Bill which had been sent to MHA. The Cabinet approved the draft Bill with further modifications as deemed necessary and also for tabling during the ongoing 8th session of the Nagaland Legislative Assembly.
9. Accordingly, the Bill for constitution of the FNTA was introduced in the Assembly on 26th March 2026. Later, however, in the evening on 26th March 2026, the State Government was contacted by the MHA conveying that the matter regarding the constitutionality of conferment of legislative powers to FNTA through a State Legislation which had being raised by the State Government in its communication to MHA, was still under examination and it was further informed that the legal opinion was being sought on the issue. The State Government was requested to allow some more time to the Ministry and to take up further action with regard to FNTA Bill only after receipt of their views and opinions.
10. Further, on 26th March 2026, ENPO also submitted an appeal to the State Government requesting that the provision of the Memorandum of Agreement (MoA) be upheld while passing the FNTA Bill 2026. Subsequently, on the same day a communication was sent by the Member Secretary of ENLU to the Hon’ble Minister, Parliamentary Affairs, to consider deferring the passage of the FNTA Bill until such time that all the concerns were adequately addressed and clarity was attained on MoA.
11. In view of the request made by the Government of India, and the appeal of the ENPO and also the request made by ENLU and keeping in mind the necessity of ensuring that provisions of MoA are addressed in legally sound and constitutionally tenable manner, the State Government on 27.03.2026, decided to request for deferment of the consideration and passing of the FNTA Bill 2026 in the Assembly and for returning it to the Government for further examination.
12. The FNTA Bill, 2026 as introduced in the Assembly, has been accordingly returned to the State Government by the Assembly Secretariat.
13. Further, the response/views of the MHA on the communication sent by the State Government is still awaited.
14. Meanwhile the ENPO has expressed concern on the delay in constitution of the FNTA as per the provisions of the MoA and the State Government, having undertaken the steps mentioned above, is keen to form the FNTA at the earliest possible within the framework of the Constitution.
15. In view of the utmost seriousness and importance with which the State Government is pursuing the matter, the State Cabinet convened an emergency meeting on 6th July, 2026 with the Members of the Eastern Nagaland Legislators’ Union (ENLU) and senior officials of the State Government, wherein the matter was once again deliberated upon extensively and in detail. Following comprehensive deliberations, the State Government has decided to convene a Special Session of the Nagaland Legislative Assembly for the purpose of enacting legislation for constitution of FNTA, which will include the necessary legislative provisions to confer legislative powers upon the FNTA in respect of the transferred subjects/departments for the districts under FNTA, in consultation and with the approval of the Ministry of Home Affairs, Government of India and in consonance with the Constitution.
16. In undertaking this process, the State Government categorically reiterates that the provisions and safeguards enshrined under Article 371(A) of the Constitution of India are sacred and sacrosanct and shall neither be diluted nor altered in any manner whatsoever.
17. The State Government is of the firm and unequivocal view that Nagaland can achieve comprehensive, inclusive and sustainable development only when Eastern Nagaland is fully developed and progresses alongside all other regions of the State. Towards this objective, the State Government shall continue to extend its fullest support to the legitimate aspirations of our brothers and sisters of Eastern Nagaland and shall remain steadfast in its commitment to their development, progress and welfare. With regard to the Government of India’s assurance of an economic package of INR 5,000 crore for the development of the ENPO areas, as mentioned in the MoA, the State Government requests the Government of India to enhance the proposed economic package to a minimum of INR 10,000 crore, so as to accelerate comprehensive development, economic growth and progress across Eastern Nagaland.
18. The decisions of the State Cabinet shall be formally communicated to the Government of India and a Cabinet Delegation led by the Honorable Chief Minister including members of the ENLU shall proceed to New Delhi for onward advise, approval and guidance of the GoI.
19. Therefore, in view of the decisions of the State Cabinet and the various steps being undertaken by the State Government for the constitution of FNTA, the Eastern Nagaland People’s Organisation is requested to re-consider the proposed Public Rally and the shutdown in the districts of Eastern Nagaland on 10.07.2026.
Issued by:
Home Department
Government of Nagaland