Part XXI: Temporary, Transitional, and Special Provisions
Article 371A: Special Provisions with respect to Nagaland
Original Article:
Article 371A provides special autonomy to the state of Nagaland, ensuring that central laws on specific subjects only apply if approved by the state's Legislative Assembly. These include:
- Religious and social practices of the Nagas
- Naga customary law and procedure
- Ownership and transfer of land and resources
- Administration of justice based on Naga customary laws
The Governor has special responsibilities, including maintaining law and order and financial allocation for the Tuensang district.
Explanations:
Article 371A is a unique provision aimed at preserving Nagaland's cultural identity, traditions, and governance structures. By requiring legislative approval for central laws to apply, the Article empowers Nagaland's local governance and respects its tribal customs.
Clause-by-Clause Explanation:
1. Autonomy over Key Areas
The state assembly decides whether parliamentary laws on social practices, customary laws, or land issues apply, ensuring preservation of Naga traditions.
2. Governor's Special Responsibility
The Governor oversees law and order, especially during internal disturbances, and ensures equitable financial allocations to the Tuensang district.
3. Regional Council for Tuensang
A regional council governs the Tuensang district, with members chosen based on local practices, highlighting tailored administration for the region.
Historical Significance:
Introduced through the Thirteenth Amendment in 1962, Article 371A acknowledges the Naga people's unique cultural and social practices. It represents India's federal spirit by granting autonomy while maintaining national unity.
Real-Life Example:
The Nagaland Assembly's exemption from the central Land Acquisition Act demonstrates the practical application of Article 371A, preserving tribal land rights.
Frequently Asked Questions (FAQs):
It safeguards Naga culture by granting legislative autonomy over key areas, such as land ownership and customary practices.
Yes, central laws on specific matters apply only if the Nagaland Legislative Assembly agrees, ensuring state autonomy.
It provides special governance provisions through a regional council, ensuring tailored administration for the district.
References:
The Constitution of India, Article 371A; historical records on Nagaland's statehood and autonomy; and key parliamentary debates from 1962.