Coal and Mining Sector

Article 371A’s Influence on Coal Mining Rules in Nagaland

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Article 371A, Rat Hole Mining

Mains level: Special Provisions for NE States

In the news

  • The Nagaland CM is facing pressure to regulate coal mining after a tragic incident where six miners died in an explosion.
  • The unique land rights granted under Article 371A of the Indian Constitution have complicated efforts to control illegal coal mining activities.

Article 371A: Special Provisions for Nagaland

Details
Historical Context Established in 1963 for Nagaland, recognizing its autonomy after the Naga people’s struggle.
Religious & Social Practices Protects Naga tribes’ customs, traditions, and religious practices from external interference.
Customary Laws Allows continuation of indigenous legal systems and traditional methods of justice.
**Autonomy Grants Nagaland autonomy in managing its land, forests, and natural resources.
Legislation Reserves seats in the Nagaland Legislative Assembly for various tribes and communities.
Special Rights Aims to protect Naga people’s rights and promote socio-cultural development within the state.

Article 371A

Why discuss this?

  • Rat-hole Mining: Nagaland’s coal mining policy, permitting rat-hole mining due to the scattered nature of coal deposits, presents challenges for effective regulation.
  • Licensing Restrictions: Small pocket deposit licenses, awarded to individual landowners, impose limitations on lease duration, mining area, and machinery usage, as outlined in the Nagaland Coal Policy (First Amendment) of 2014.

Conclusion

  • The intersection of constitutional provisions, traditional land rights, and regulatory frameworks poses complex challenges for the Nagaland government in its endeavour to address illegal coal mining activities.
  • As legislative deliberations continue, concerted efforts towards public awareness, regulatory reforms, and enforcement actions remain imperative for safeguarding both natural resources and community welfare in the state.

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