DIMAPUR, JANUARY 17 (MExN): The Nationalist Democratic Progressive Party (NDPP) on Thursday sought to clarify doubts arising out of the Citizenship (Amendment) Bill 2016 (CAB) in the context of Nagaland vis-à-vis Article 371 (A) of the Constitution of India.
NDPP Media & Communication Committee in a press communiqué assured that if the CAB does become an Act, the Nagaland Legislative Assembly has the provisions of Article 371 (A) not to implement the same in the state of Nagaland.
Pointing out on how the state and its people are protected by Article 371 (A), the NDPP quoting sections of the said Article said no act of parliament shall apply to the state of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides.
It reminded that in the present context, to determine whether a person is a Naga citizen along with his or her rights and privileges rests upon the village institutions who are the keepers of our traditional and customary laws, practices and procedure and not the government as has been the customary practices of Naga’s since time immemorial. This is further strengthened and protected by Article 371 (A) of the Constitution of India, it added.
Taking this into consideration, the NDPP went on to state that the Government of India has given further protection to Nagaland by bringing the State under the purview of the Bengal Eastern Frontier Regulation Act 1873 (BEFRA) whereby the Inner Line Permit (ILP) is being issued in order to safeguard the Naga’s their Citizenship along their rights and privileges from being diluted and to maintain the sanctity of the Naga identity.
It therefore maintained that the BEFRA is one the pillars to safeguard the Naga Citizenship through the exercise of the ILP.
'Will ensure implementation of ILP in Dimapur'
While admitting that Dimapur is not covered by the ILP, the NDPP vowed that it will impress upon the government to ensure that the BEFRA and the ILP is implemented in toto in the entire state of Nagaland including Dimapur and to ensure strict implementation of the ILP.
Further, the NDPP pointed out that this will also not be the first time that the NLA will be referring to the provisions of Article 371(A) in not implementing an Act of parliament as there have been precedence’s in the past.
The NLA decided not to implement the Constitution 73rd Amendment 1992 on the grounds that infringed upon the provisions of Article 371 (A) of the Constitution. And therefore, Nagaland has since been exempted from Part IX of the Constitution of India that pertains to the Panchayati Raj System since the Nagaland Village & Area Council Act 1978 was already in effect that conforms to our traditional and customary laws, practices and procedures.
Despite all the above safeguards that Nagaland has, the NDPP viewed that the GoI should exempt Nagaland from the purview of the CAB when it is moved for approval of the Rajya Sabha.
Opportunity to take fresh look at prevailing laws
The NDPP also noted that it is also an opportunity for Nagaland to take a fresh look at the prevailing laws and safeguards and undertake necessary measures to enhance and strengthen our laws and regulations.
In relation to this, the People’s Democratic Alliance (PDA) government has already instituted a high powered committee to look at these aspects and put forth recommendations to the state government which will include consideration of introduction of Work Permits, extension of ILP to the entire state including Dimapur district and use of modern technology to better monitor and effectively implement and strengthen existing laws.
The NDPP viewed that introduction of Work Permits will enable the government machinery to better monitor the floating and labour population while also creating avenues to increase the revenue of the State through such a mechanism.
It said the PDA Government will leave no stone unturned and take every possible measure to ensure that the citizens of Nagaland are protected and safeguarded from any eventuality.
