Union Petroleum Ministry says Article 371 (A) is not a source of Legislative Power of the State
Morung Express News
Mokokchung | November 11
The ongoing case regarding the PIL filed against the Nagaland Petroleum and Natural Gas (NP&NG) Rules and Regulation witnessed a new development as the Union Ministry of Petroleum & Natural Gas, Government of India filed a counter affidavit as one of the respondents in the case.
It may be noted that the PIL was filed by the Lotha Hoho and 2 others against the State of Nagaland and 7 others.
As respondent number 8, the Government of India filed a counter affidavit at the Kohima Bench of the Guwahati High Court. The affidavit provided the centre’s interpretation of Article 371 (A) and said that the Nagaland Legislative assembly has no jurisdiction to make laws over oil fields in the state.
The Ministry, in its affidavit disagreed that the State of Nagaland has any power to make law for development of oil fields and mineral resources. It further submitted that the Parliament has “exclusive power” to make laws on the said subject.
It claimed that Article 371(A) “does not even restrict the Parliament to apply any of its laws on oil fields and mineral resources in the State of Nagaland and no resolution from the State of Nagaland is required to apply the Parliament’s law on oil fields and mineral resources in the state.”
The Ministry hence stated that any existing law made by the State of Nagaland on oil fields and mineral oil resources is “liable to be struck down, the same being without jurisdiction and ultra vires to the Constitution of India.”
It stated that “the exploration of oil and natural gas is a subject covered by entry 53 (regulation and development of oil and mineral oil resources; petroleum and petroleum products; other liquids and substances declared by Parliament by law to be dangerously inflammable) List 1 of the Union List and therefore, the Parliament alone has the powers to legislate laws on this subject.”
The Ministry also questioned whether the subjects mentioned under Article 371 (A) as “existing customary and religious laws of Nagaland” and subject for which the state is empowered to make law under state or concurrent list includes development of oil fields and mineral resources, “considering the fact that the said subject does not fall under state or concurrent list.”
It further stated that the “plain words of Article 371 (A) and the constitutional history of amendments would show that 371 (a) was meant to be a restriction of application of Laws of Parliament and not a source of Legislative Power of the State.”
Time to be united: Dr Imtiwapang
Meanwhile, reacting to the counter affidavit filed by the Union Ministry, Nagaland Parliamentary Secretary for Geology & Mining, Dr Imtiwapang cautioned that the privileges provided under Article 371 (A) would be stripped away by the Central Government if the Naga people are not careful.
Interacting with media persons at his private residence here at Sungratsu village today, the Parliamentary Secretary lamented that over the years, the central government unilaterally shifted Nagaland State from the Ministry of Foreign Affairs to the Ministry of Home Affairs, and also stopped funding to the state from the Consolidated Fund of India.
The latest move of the Government of India to question the validity of the NP&NG Rules and Regulations, he stated is a sad reminder that the clauses in the 16 Point Agreement and provisions in Article 371 (A) are being systematically diluted. He urged all stakeholders to be united and show solidarity with the state government so that this issue can be solved with the Government of India politically and not through the court of law.
“This calls for an out of court solution,” said Dr Imtiwapang, urging that the PIL be withdrawn. “If the central government through their interpretation of the laws takes away our petroleum, oil and coal; then the Nagas would be left with nothing,” he said. Meanwhile, it has been learnt that the Nagaland State Government is also preparing a counter affidavit of its own.
