North-East India – Security and Developmental Issues

Article 371A and Nagaland

Note4Students

From UPSC perspective, the following things are important :

Prelims level : Article 370 and 371

Mains level : Naga Peace Accord and its outcomes

In a scathing letter to CM, Nagaland Governor has said the “scenario in the State is grim” and that “law and order has collapsed”.

Practice question for mains:

Q.Discuss the success of Naga Peace Accord in light of the ongoing law and order crisis in the state.

Nagaland (Article 371A, 13th Amendment Act, 1962)

  • Parliament cannot legislate in matters of Naga religion or social practices, the Naga customary law and procedure, administration of civil and criminal justice involving decisions according to Naga customary law.
  • Parliament also cannot intervene in ownership and transfer of land and its resources, without the concurrence of the Legislative Assembly of the state.
  • This provision was inserted in the Constitution after a 16-point agreement between the Centre and the Naga People’s Convention in 1960, which led to the creation of Nagaland in 1963.
  • Also, there is a provision for a 35-member Regional Council for Tuensang district, which elects the Tuensang members in the Assembly.
  • A member from the Tuensang district is Minister for Tuensang Affairs. The Governor has the final say on all Tuensang-related matters.

What is the issue?

  • Challenging the legitimacy of the government without any resistance from the State law and order machinery has created a crisis of confidence in the system.
  • The constitutional establishment is being challenged on a day-to-day basis by armed gangs who question the integrity and sovereignty of the nation.
  • The instruments of law and order have remained totally unresponsive.

Armed militancy is back again

  • Their armed miscreants appoint their own dealers for every commodity from salt to construction material coming into the State and levy illegal taxes on every item.
  • There is over 200% cost escalation in transportation the moment a goods laden truck enters Nagaland due to gunpoint extortions by the armed miscreants.
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