Zeneisiile Ate Loucii
New Delhi
The Naga demand for independence begins when the British first arrived in the 1840s, introducing a limited and partial system of rule. As India’s independence in 1947 loomed, the Nagas feared they would become subsumed within India’s political set up and that their unique local identity and culture would be eroded. This fueled demands for a Nagaland independent from India, with militants of the Naga National Council (NNC) turning violence in the mid-1950s. Since then, there have been decades of bloodshed, failed attempts at striking peace deals, including creating the State of Nagaland in 1963 and granting the citizen as series of special privileges under Article 371 (A) of India’s Constitution. Parliament cannot legislate in matters of Naga Religion or social practices, Naga Customary Law and procedure, administration of civil and criminal justice decisions according to Naga Customary Law, and ownership and transfer of land without concurrence of the State Assembly.
Earlier in 2013 the center has sought to curb Nagaland’s Constitutional Rights to regulate Petroleum and Natural Gas extraction ignoring the special status under Article 371/A. The Union Minister of Petroleum and Natural Gas asked the Nagaland Legislative Assembly (NLA) to withdraw the Nagaland Petroleum and Natural Gas Regulation 2012 (NPNGR) that it frame within the ambit of Article 371 A. Taking serious notes of the Ministry’s request, the Nagaland Government held a consultative meeting with various section of Civil Society and resolved to reject Ministry’s request. The meeting resolved to not only reject but also demand that the GOl implement the unfulfilled clauses of the Sixteen Point Agreement, 1960, and place Nagaland under the Ministry of External Affairs.
The Union Minister of Petroleum and Natural Gas request and the earlier stand taken by Minister of State for Home Affairs in a response to unstarred question in Lok Sabha that “any resolution” pass by the NLA “seeking to revoke/remove the applicability of a law, the enactment of which lies within the sole domain of Parliament, is Ultra Vires”- was seen by Nagas as a move to betray negotiated agreement which entrenched Naga exceptionalism in India’s federal policy.
When Jammu and Kashmir was bifurcated and revoked special status given to Jammu and Kashmir under Article 370 the Home Minister clarified that “Modi Government has no intention to remove Article 371 which gives certain special rights to some North East States”. However, Nagas should be agitated over if we ever perceived the Centre’s “threat” to override the exceptional status we enjoy under Article 371 A of the Constitution.
At this juncture, since the United Democratic Alliance (UDA) resolved to work unitedly in facilitating ongoing negotiations for a final solution between the Centre and Naga political groups, they should sincerely pursue instead of bringing new legislation on SARFAESI Act, Nagaland Petroleum and Natural Gas Regulation, 2012 (NPNGR).
