Description

Article 371A provides special provisions for the State of Nagaland, aimed at addressing the distinct cultural, social, and political needs of the Nagas. The provisions are designed to protect the traditional customs, practices, and the political autonomy of the state, especially in the context of governance and law.

Clause 1: Special Powers of the Governor and the Legislative Assembly

• (a) Special Provisions on Laws for Nagaland:

  • Several areas, including religious practices, Naga customary law, civil and criminal justice according to Naga customs, and ownership/transfer of land, are outside the purview of regular Indian laws. These areas will not be governed by Parliament’s Acts unless the Legislative Assembly of Nagaland passes a resolution in favor of such laws applying to the state.

• (b) Governor’s Special Responsibility for Law and Order:

  • The Governor of Nagaland has a special responsibility over law and order in the state, particularly in areas affected by internal disturbances. The Governor shall act on these matters after consulting the Council of Ministers, but his decision in matters of law and order is final. The Governor’s discretion in such matters cannot be challenged.
  • If the President believes the special responsibility of the Governor is no longer required, he can issue an order to end it after consulting the Governor.

• (c) Recommendation Regarding Grants:

  • The Governor is tasked with ensuring that any money provided by the Government of India for a specific purpose is included in the demand for grants for that specific service and is not misallocated under a general heading.

• (d) Establishment of a Regional Council for Tuensang:

  • The Governor may, through a public notification, establish a regional council for the Tuensang district. The Governor has discretion over the composition, election process, term, allowances, and functioning of the council.
  • Specific rules will be made by the Governor for the smooth functioning of the regional council. The Deputy Commissioner of Tuensang will serve as the Chairman ex officio, and the Vice-Chairman will be elected by council members.

Clause 2: Special Provisions for the Tuensang District

• (a) Administration of Tuensang by the Governor:

  • For a period of ten years, or a longer period as recommended by the regional council, the Governor will directly administer Tuensang district.

• (b) Allocation of Money by the Government of India:

  • The Governor will ensure that the money allocated by the Government of India is fairly distributed between Tuensang district and the rest of the state, depending on the needs of each area.

• (c) Legislative Application to Tuensang:

  • Laws passed by the Nagaland Legislative Assembly will not automatically apply to Tuensang unless the Governor, on the recommendation of the regional council, specifically directs so. Additionally, the Governor has the power to issue directions that modify or exempt certain provisions when they apply to Tuensang.

• (d) Regulations for Tuensang District:

  • The Governor can make regulations for the peace, progress, and good governance of Tuensang. These regulations can override any existing laws, including Acts of Parliament, if necessary, and can be made with retrospective effect.

• (e) Tuensang Affairs Minister:

  1. A Tuensang Affairs Minister will be appointed from among the representatives of Tuensang in the Nagaland Legislative Assembly. This minister will act on the advice of the Chief Minister.
  2. The Minister will have direct access to the Governor to discuss matters related to Tuensang and will keep the Chief Minister informed about these matters.

• (f) Final Decision on Tuensang Matters:

  • The Governor has the final say on all matters relating to Tuensang district, even if they are brought before the regional council.

• (g) Representation in the Legislative Assembly:

  • The members of the Tuensang regional council will be considered as elected members for the purposes of articles related to representation in the Legislative Assembly.

• (h) Modifications to Article 170:

  • Specific modifications will be made in Article 170 (which deals with the composition of Legislative Assemblies), including:
    • Number of members in Nagaland’s Legislative Assembly will be 46 instead of 60.
    • References to territorial constituencies in Nagaland will include the regional council members.

Clause 3: Presidential Power to Resolve Difficulties

• (a) If difficulties arise in the implementation of any provisions of this article, the President can issue orders (including modifications) to resolve such difficulties.
  • However, no such order can be made after three years from the formation of Nagaland.