The state and its territory: The 16th state of the Indian republic-Nagaland- came into existence through the 16Point Agreement of 1960. But as for a statement on its actual territory, it was kept in the form of a “WISH.” This wish was expressed in the following words: “The delegation (The 19 members of the NPC) wished the following to be put on record. The Naga leaders expressed the view that other Naga inhabiting contiguous areas should be enabled to join the new state.” (16 Point Agreement, art. 13)
Prior to the expression of this WISH, article 12 had also stated the following words: “The Naga delegation discussed the question of the inclusion of the Reserved Forests and the contiguous areas inhabited by the Nagas.”
Now, it is an obvious requirement of law that a state or a country cannot be created without a specified demarcated territory. But in the case of this 16th state of India, a state has been created on the basis of a “discussion” and a “wish!” This logically must mean that Nagaland is only an imagined state floating in thin air. It is either that or it is a state kept in abeyance pending a final decision.
Law and order for the state: Any state in the world needs a law and order machinery to run the affairs of the state. But here again, in the case of the Nagaland state, that law and order machinery and its execution lies in the hands of a foreign Governor. Under article 3, (a) of the 16 point Agreement, the Governor’s executive powers are defined as follows:
ART 3, (a) “The president of India shall appoint a Governor for Nagaland and he will be vested with executive powers of the Government of Nagaland.”
The Governor’s powers are further spelled out in the following words under article 371A (1), (b): “The Governor of Nagaland shall have special responsibility with respect to law and order in the State of Nagaland for so long as in his opinion internal disturbances occurring in the Naga Hills-Tuensang Area immediately before the formation of that State continue therein or in any part thereof and in the discharge of his functions in relation thereto the Governor shall, after consulting the Council of Ministers, exercise his individual judgment as to the action to be taken:
Provided that if any question arises whether any matter is or is not a matter as respects which the Governor is under this sub-clause required to act in the exercise of his individual judgment, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in the exercise of his individual judgment.”
Conclusion: It is not surprising then that even after 50 years of statehood; Nagaland still has territorial disputes with the states of Manipur, Assam, Arunachal Pradesh and Burma. It is also not surprising that when a crisis like the Mugalumi incident or the present Rengma-Karbi crisis develops, the state Government is helplessly handicapped and inadequate to do anything. Because of all these facts, Nagas are today living in a seemingly stateless and lawless existence.
Kaka D. Iralu
