Que. Recent directives from Ministry of Petroleum and Natural Gas are perceived by the ‘Nagas’ as a threat to override the exceptional status enjoyed by the State. Discuss in light of Article 371A of the Indian Constitution. (200 words, 10 marks)

UPSC CSE : 2013

Answer: 

Approach:

Introduction

  • Introduce the context of the issue by mentioning the exceptional status of Nagaland under Article 371A of the Indian Constitution.

Body

  • Detail the specific provisions of Article 371A that grant special status to Nagaland.
  • Discuss the recent directives from the Ministry of Petroleum and Natural Gas that are seen as a potential threat to Nagaland’s special status.
  • Analyze the perceived conflict between these directives and the special status of Nagaland under Article 371A.

Conclusion

  • Conclude with the potential ways to address this conflict while respecting the constitutional provisions and the unique socio-political context of Nagaland.

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.

Know about Physics Wallah

Physics Wallah is an Indian online education platform, that provides accessible & comprehensive learning experiences to students of classes 6 to 12 and those preparing for JEE and NEET exams. We also provide extensive NCERT solutions, sample papers, NEET, JEE Mains, BITSAT previous year papers, which makes us a one-stop solution for all resources. Physics Wallah also caters to over 3.5 million registered students and over 78 lakh+ Youtube subscribers with 4.8 rating on its app.

We Stand Out because

We successfully provide students with intensive courses by India's qualified & experienced faculties. PW strives to make the learning experience comprehensive and accessible for students of all sections of society. We believe in empowering every single student who couldn't dream of a good career in engineering and medical field earlier.

Our Key Focus Areas

Physics Wallah’s main focus is to create accessible learning experiences for students all over India. With courses like Lakshya, Udaan, Arjuna & many others, we have been able to provide a ready solution for lakhs of aspirants. From providing Chemistry, Maths, Physics formulae to giving e-books of eminent authors, PW aims to provide reliable solutions for student prep.

What Makes Us Different

Physics Wallah strives to develop a comprehensive pedagogical structure for students, where they get a state-of-the-art learning experience with study material and resources. Apart from catering students preparing for JEE Mains and NEET, PW also provides study material for each state board like Uttar Pradesh, Bihar, and others.

Aiming for UPSC?

Download Our App

# #
Quick Revise Now !
AVAILABLE FOR DOWNLOAD SOON
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध
Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

<div class="new-fform">






    </div>

    Subscribe our Newsletter
    Sign up now for our exclusive newsletter and be the first to know about our latest Initiatives, Quality Content, and much more.
    *Promise! We won't spam you.
    Yes! I want to Subscribe.