Special Provision with respect to the State of Nagaland, India | Article 371A

With the creation of the State of Nagaland in 1963, the Parliament of India passed the Thirteenth Amendment Act, 1962 and inserted Article 371A. This Amendment provided a special provision for the State of Nagaland. This provision was incorporated after a 16 Points Agreement between the Centre and the Naga People’s Convention in 1960. The 16 Points Agreement established a separate state of Nagaland on 1st December 1963 and Nagaland became the 16th State of India.

Article 371A provided the following provisions to entail to the needs of the people of Nagaland.

  1. The Parliament cannot legislate the following matters to the state of Nagaland unless the assembly so decides.
    • religious or social practices of the Nagas,
    • Naga customary law and procedure,
    • administration of civil and criminal justice involving decisions according to Naga customary law,
    • Ownership and transfer of land and its resources.
  2. Special responsibility of Governor of Nagaland with respect to law and order in the state with regard to internal disturbances occurring in the state especially in the Tuensang district. There shall be a 35 member regional council for Tuensang district and the Governor of Nagaland shall in his discretion make rules regarding the council.
  3. The Governor of Nagaland has to ensure that money provided by the Government of India out of the Consolidated Fund of India for any specific purpose or service is included in the demand for grant relating to that purpose or service only and not any other.
  4. For a period of ten years from the formation of the State of Nagaland or for such further period as the Governor may specify on the recommendation of the regional council, the following provisions will be applicable in Tuensang district:
    • the Governor shall administer the Tuensang district.
    • the Governor shall in his discretion provide for equal distribution of money between the Tuensang district and the rest of the State.
    • no Act of the Nagaland Legislature shall apply to Tuensang district, unless the Governor so directs on the recommendation of the regional council. The Governor shall have the final decision on all matters relating to any dispute in Tuensang district.
    • there should be a Minister for Tuensang affairs in the State Council of Ministers.
    • the Governor shall have the final decision on all matters relating to the Tuensang district.
    • the members of the Legislative Assembly of Nagaland from Tuensang district are not elected directly by the people but are chosen by the regional council.

Reference:

Laxmikanth, M.; Indian Polity for Civil Services Examinations, Special Provision for Some States, McGraw Hill Education

Part XXI, Temporary, Transitional and Special Provisions, 371A. Special Provision with respect to the State of Nagaland, Ministry for Development of North Eastern Region

In Constitution, a range of ‘special provisions’ for states other than J&K, too, The Indian Express, The Indian Express [P] Ltd


External links:

North Eastern Council, Government of India – Part XXI Temporary, Transitional and Special Provisions – 371A. Special provision with respect to the State of Nagaland ↵

GKToday – Article 371-A: Special Provisions for Nagaland

The Sangai Express – Article 371A of the Indian Constitution: Special status to Nagaland


Questions:

Special Provision with respect to the State of Nagaland, India | Article 371A

  1. What are the Special Provisions made for Nagaland by the Constitution of India?
  2. Which Article in the Indian Constitution gives Nagaland Special Provisions?
    a) Article 371A
    b) Article 371E
    c) Article 323A
    d) Article 370
  3. When was Nagaland declared as state under the Indian Union?
    a) 1st December 1963
    b) 07th July 1968
    c) 06th August 1972
    d) 31st July 1989
  4. ________ is the capital of Nagaland.
    a) Dimapur
    b) Tuensang
    c) Kohima
    d) Guwahati
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