Dr. Chumben murry
MLA, Wokha
What prompted me to write this article is because firstly, somebody seems to be trying to make political pie, out of NPF Party boycotting the consultative meet called by the PDA Govt. on controversial CAB 2016 held in the PTC Chumukedima on 31st Jan. 2019.
CAB 2016 seeks to provide citizenship by naturalization of religious minority aliens from neighboring countries. The first question that crosses my mind is why on religious ground, what about other minorities? For Nagaland with porous border, what if Muslim IBIs start claiming they are Hindus or Christian for that matter and seek citizenship of India under the CAB 2016 if passed?
That CAB 2016 will be passed in the Rajya Sabha is now clear, the President of India himself has sounded the bugle. Let it be passed! Its OK! The Union is at liberty to do so but, Nagaland should be exempted fro the purview of the Act for manyreasons. Apart from exploitation of the Act by people with vested interest, uniqueness of Naga history is one reason. Indian context doesn’t really apply to the state of Nagaland. I speak for Nagaland only but, that the whole of NE is crying for CAB 2016 to be scrapped is an issue India should not ignore.
To lament over NPF boycotting the consultative meet sound preposterous or ridiculous. It was NPF Legislature who tabled the CAB 2016 on the floor of the Assembly last September for debate, but the ruling PDA Govt. refused to discuss the matter on the ground that, the issue was a central subject matter not state matter and therefore that, the need to discuss the matter did not arise. There is admittance here that citizenship is a Central subject matter; herein lies the crux of my article. It is true, citizenship is listed in the Union list and therefore it is a central issue. But, its applicability to its federating units - the states,needs to be discussed threadbare, more so in the context of North East India which is reeling with illegal immigrants.
For readers who are not aware, Governance of Indian Union is based on three lists, The Union List, the Concurrent List and the State List. Obviously, the matters listed under Union and State are matters that are handled by the Union and the States respectively. On matters that are listed in the Concurrent List, the Centre consults the State(s). Citizenship is listed in Sl. 17 of the Union List.
Now, As far as the Article 371 (A) is concerned, It should be read in its totality. Portion of the Article cannot be take out to project a perceived advantage. Law doesn’t work that way. Moreover, applicability of an Article in the Constitution is subject to associated interpretation of other linked Articles within the Constitution. I do not see how the Article (371 (A) (1) (a) actually protects Nagas from the Citizenship Bill. To cite one example, Nagaland was placed under External Affairs Ministry on attaining statehood. By mid seventies it was removed from External Affairs handling and placed under Home Affairs. Foreign Affairs is also listed in the Union List sl. No 10. Did the Centre discuss with the State Govt. for its removal from External Affairs? The answer is NO! because it was not a state matter nor a matter listed in the Concurrent List! Will the Centre consult the states for granting citizenship to aliens? Again the answer is NO! So let us not be moved when the Centre say, you will be consulted. There should be a separate Parliament Law that enables a state to be consulted in matters related to granting of citizenship. This is my lay believe.
To say that, Article 371 (A)(1)(a) covers every act of Parliament made before or after our statehood is unfortunate because it says“ Not withstanding anything in the Constitution”. And to also say that the Article offers blanket protection for Nagas is a sad notion if coming from eminent person! If so, why there was the need to extraneously insinuate Article 371 (A) into the Constitution of India? Why not let Nagaland have its own constitution? Reader are probably already fed up with write ups on this, but I am reproducing here again –
Article 371A in The Constitution Of India 371A. Special provision with respect to the State of Nagaland
(1) Notwithstanding anything in this Constitution,
(a)no Act of Parliament in respect of
(i) Religious or social practices of the Nagas,
(ii) Naga customary law and procedure,
(iii) Administration of civil and criminal justice involving decisions according to Naga customary law,
(iv) 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;
It is obvious that the Article provides special status to Nagaland on the four issues (Article 371 A(1)(a)(i)(ii)(iii) and (iv) listed here and not to all provisions in the Constitution of India.I believe, the applicability of the provisions of Article 371 (A) must be read in conjunction with Sate of Nagaland Act 1962.
Argument has been put forward that we have our own Village Councils Act and the our Customary Law of land holding protects us. Well, I may be landless or for that matter I may not even own a house but I can be a citizen of India. Millions of Indians are! Nagaland Towns are full of other Indian citizens who have stayed in Nagaland for decades on extended ILP, They don’t own houses or buildings and they don’t own Land either. But, still they are siphoning our economy with their business. Can the Govt. of the day say to them, you are not indigenous Nagas so, go back to where you come from and do business there? No, it cant! They are Indian citizen and given that liberty by being Indian. Now readers will agree with my dogmatism. I am a Naga and I am deeply concerned. By the way, this article is purely my own reflection and not of NPF party not the Legislature to which I belong!
