Q3.  Recent directives from the Ministry of Petroleum and Natural Gas are perceived by the ‘Nagas’ as a threat to override the exceptional status enjoyed by the State. Discuss in light of Article 371A of the Indian Constitution.

Model Answer:

Introduction

Article 371A of the Indian Constitution grants Nagaland special provisions to protect its unique cultural, social, and customary practices. According to this article, central laws related to religious or social practices, Naga customary law, civil and criminal justice, or land and resource ownership cannot apply in Nagaland without the state assembly's consent. Recent directives from the Ministry of Petroleum and Natural Gas, seen as infringing on resource management in Nagaland, have sparked concerns among the Naga people.

Body

Key Concerns of the Nagas:

  • Threat to Autonomy: The directives are perceived as an attempt to undermine Nagaland's control over its natural resources, challenging the protections provided by Article 371A.
  • Violation of Cultural Rights: Nagas fear that central intervention may disrupt traditional land ownership and resource practices.
  • Risk to Federal Balance: Such actions are viewed as endangering the federal arrangement and the trust between Nagaland and the central government.

Conclusion

The Nagas view these directives as encroaching on their autonomy, urging respect for Article 371A to preserve Nagaland's unique constitutional status and maintain federal harmony.

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