Answer: 

Introduction:

Nagaland, under the Indian Constitution’s Article 371A, enjoys a distinctive status designed to preserve its unique social customs, practices, and laws. However, recent directives from the Ministry of Petroleum and Natural Gas regarding resource extraction have sparked apprehension among the Nagas, who perceive these directives as undermining the state’s special status.

Body:

Enshrined by the 13th Amendment in 1962, Article 371A confers Nagaland with an exceptional status.

• It maintains that no parliamentary act related to the Nagas’ religious or social practices, its customary laws, administration of civil and criminal justice involving decisions according to Naga customary law, and ownership and transfer of land and its resources, shall extend to Nagaland unless the Nagaland Legislative Assembly decides so by a resolution.
• For instance, the Nagaland Liquor Total Prohibition Act, 1989, based on the social customs of the Nagas, bans the sale and consumption of alcohol in Nagaland, overriding the central laws.

The Ministry’s Directives:

• The recent directives from the Ministry of Petroleum and Natural Gas concern the regulation of extraction and exploration of natural resources like oil and natural gas, which falls under the central list of the Constitution.
• This has led to unease among the Naga community, as they view these directives as encroachment into their constitutional rights over their land and resources.
• For example, the directives might be seen as challenging the traditional rights of the Nagas over the oil reserves in the state, which they have traditionally considered as their own.

The essence of the dispute revolves around constitutional interpretation.

• While the central government has the authority to enact laws on matters of national importance, including extraction of natural resources, the special constitutional status of Nagaland raises questions about the boundaries of these powers, especially considering the rights of the indigenous community.

Conclusion:

Resolving this tension requires balancing respect for the constitutional provisions and understanding Nagaland’s unique socio-political context. Open, respectful dialogue and consensus-building between the central government and the Nagaland state authorities could be crucial in resolving this issue. A possible solution could involve creating a framework that respects the constitutional rights of the Naga people while also considering the strategic interests of the nation. For instance, a joint venture or profit-sharing model could be considered, where both the central government and the state can benefit from the resource extraction without infringing upon the rights granted by Article 371A.

DOWNLOAD PDF