Special Provisions for Nagaland
Article 371-A makes the following special provisions for Nagaland :
1. The Acts of Parliament relating to the following matters would not apply to Nagaland unless the State Legislative Assembly so decides:
(i) religious or social practices of the Nagas;
(ii) Naga customary law and procedure;
(iii) administration of civil and criminal justice involving decisions according to Naga customary law; and
(iv) ownership and transfer of land and its resources.
2. The Governor of Nagaland shall have special responsibility for law and order in the state so long as internal disturbances caused by the hostile Nagas continue. In the discharge of this responsibility, the Governor, after consulting the Council of Ministers, exercises his individual judgement and his decision is final4. This special responsibility of the Governor shall cease when the President so directs.
3. The Governor has to ensure that the money provided by the Central Government for any specific purpose is included in the demand for a grant relating to that purpose and not in any other demand moved in the State Legislative Assembly.
4. A regional council consisting of 35 members should be established for the Tuensang district of the state. The Governor should make rules for the composition of the council, manner of choosing its members5, their qualifications, term, salaries and allowances; the procedure and conduct of business of the council; the appointment of officers and staff of the council and their service conditions; and any other matter relating to the constitution and proper functioning of the council.
5. For a period of ten years from the formation of Nagaland or for such further period as the Governor may specify on the recommendation of the regional council, the following provisions would be operative for the Tuensang district:
(i) The administration of the Tuensang district shall be carried on by the Governor.
(ii) The Governor shall in his discretion arrange for equitable distribution of money provided by the Centre between Tuensang district and the rest of Nagaland.
(iii) Any Act of Nagaland Legislature shall not apply to Tuensang district unless the Governor so directs on the recommendation of the regional council.
(iv) The Governor can make Regulations for the peace, progress and good government of the Tuensang district. Any such Regulation may repeal or amend an Act of Parliament or any other law applicable to that district.
(v) There shall be a Minister for Tuensang affairs in the State Council of Ministers. He is to be appointed from amongst the members representing Tuensang district in the Nagaland Legislative Assembly.
(vi) The final decision on all matters relating to Tuensang district shall be made by the Governor in his discretion.
(vii) Members in the Nagaland Legislative Assembly from the Tuensang district are not elected directly by the people but by the regional council.
Comments are closed.