Article 371 (A) of the Constitution of India giving special provision to the State of Nagaland has probably been the top news maker this year with a lot of attention given on the rights it gives the Nagas vis-à-vis the Acts of Indian Parliament as well as the protection it affords to the Naga customary laws or the land and resources. Not only that but when the question of Financial Assistance from the Government of India such as grant-in-aid comes, we make quick reference to the 16-point agreement to seek what is guaranteed under Article 371 (A). And based on this, our Nagaland Legislative Assembly (NLA) have taken some very important decisions—excluding Part IX A related to 33% women reservation in Municipal/town councils and the other noteworthy issue is the Petroleum and Natural Gas Regulation. Interestingly, for a regional political party like the ruling NPF, which has been known to cast doubt on the 16-point agreement, it is somewhat of an irony that when it comes to protecting Naga identity and rights, it should fall back on the special provision of Article 371 (A), which is actually an outcome of the 16-point agreement. In fact during the recent unfortunate incidents on August 31 and September 1, the NPF quoted extensively from the 16 point argument to respond to the Opposition Congress. And with the prospect of another Assembly Elections round the corner, it will be very interesting to see whether the 16-point agreement will be flogged black and blue to suit one’s vested political interest as it has often happened in the past. We will have to keep a close watch on what the political parties have to say.
Coming back to Article 371 (A), in fact the political class in Nagaland including the present and past regimes, they have been good at picking and choosing, what should come under the protection of Article 371 (A) and what should not. Even the Naga civil society or the various tribal hohos would perhaps acknowledge the utility afforded by this constitutional provision. However the other argument is that Article 371 (A) has hindered the progress of our State and society. For instance in the fight against corruption, which is a burning issue of the day, the so called special status under Article 371 (A) is being used by people in power to neutralize any move to tackle this problem. So the question we have to ask is whether Article 371 (A) is more important than the moral decay brought about by corruption in Naga society? In the past (during the Congress regime) we have not allowed the Central Bureau of Investigation (CBI) to come in citing the protection given under Article 371 (A). Recently the NPF Government objected to introduction of Nagaland Lokayukta Bill 2012 moved by a Congress MLA during the Budget Session of the Nagaland Legislative Assembly held earlier this year. So we have developed this habit of invoking the letter and spirit of Article 371 (A) every time we want to divert issues of public importance. No one is questioning the validity of ‘protection’ given to the Nagas under the Indian constitution. However there is obviously no consistency in the way we use Article 371 (A). Perhaps we need to change this. The test of using this provision should not be about the past only but looking towards the future and one that will prepare us to face up to the challenges ahead. There has to be continuity and change to the way we use Article 371 (A).
