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.

GS 2
Indian Polity
2013
10 Marks

Subject: Indian Polity

The recent controversy between the Ministry of Petroleum and Natural Gas (MoPNG) and Nagaland highlights the delicate balance between national development and special constitutional provisions, particularly concerning Article 371A which grants exceptional autonomy to Nagaland.

Constitutional Framework and Special Status

  • Article 371A provides special protection to Nagaland, particularly regarding:
    • Ownership and transfer of land and its resources.
    • Religious and social practices of Nagas.
    • Customary law and procedure.
    • Administration of civil and criminal justice involving Naga customary law.

Recent Directives and Concerns

  • The proposed Tripartite MoU between India, Nagaland, and Assam for oil exploration has raised concerns about:
    • Potential dilution of state's authority over natural resources.
    • Questions about revenue sharing and resource ownership.
    • Impact on traditional land rights and customs.

Challenges and Implications

  • Economic Development vs. Autonomy:

    • The MoPNG's focus on economic feasibility and production volume conflicts with traditional resource management.
    • Creation of Nagaland-specific policies indicates central government's recognition of unique status.
  • Administrative Challenges:

    • The High-Level Committee's visit to Kohima reflects attempts at dialogue and consultation.
    • Balance between development aspirations and protection of indigenous rights.

Way Forward

  • Collaborative Approach:
    • Need for inclusive dialogue between center and state.
    • Respecting constitutional provisions while promoting development.
    • Customized solutions considering Naga traditions and modern needs.

The resolution requires a delicate balance between national development goals and the constitutional guarantees under Article 371A, ensuring that modernization doesn't compromise the unique identity and rights of the Naga people, similar to successful models like the Sixth Schedule areas in other northeastern states.

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