Actual Article
Article 371A: Special provision with respect to the State of Nagaland
(1) Notwithstanding anything in this Constitution,—
- (a) no Act of Parliament in respect of—
- (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,
- (iv) ownership and transfer of land and its resources,
- shall apply to the State of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides;
- (b) the Governor of Nagaland shall have special responsibility with respect to law and order in the State of Nagaland for so long as in his opinion internal disturbances occurring in the Naga Hills-Tuensang Area immediately before the formation of the State continue therein or in any part thereof and in the discharge of his functions in relation thereto the Governor shall, after consulting the Council of Ministers, exercise his individual judgment as to the action to be taken:
- Provided that if any question arises whether any matter is or is not a matter as respects which the Governor is under this sub-clause required to act in the exercise of his individual judgment, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in the exercise of his individual judgment;
- (c) in making his recommendations with respect to the amount of any grant-in-aid of the revenues of the State of Nagaland, the Finance Commission shall have regard to the requirements of the State for the purpose of meeting the costs of such schemes of development as may be undertaken by the State with the approval of the Government of India for the purpose of promoting the welfare of the people in that State and raising the level of administration of the State to that of the administration of the rest of India;
- (d) the Governor shall ensure that money provided by the Government of India out of the Consolidated Fund of India for any specific service or purpose is included in the demand for grants relating to that service or purpose and is appropriately utilized for meeting the costs of that service or purpose.
(2) Notwithstanding anything in this Constitution, no Act of Parliament shall be deemed to apply to the district of Tuensang in the State of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides; and the Legislative Assembly of Nagaland shall not make any Act unless the Governor, in his discretion, so recommends, but the Governor shall ensure that in making his recommendation he takes into consideration the wishes of the members representing the Tuensang district in the Legislative Assembly of Nagaland.
(3) The President may, on the recommendation of the Governor, by public notification, direct that the provisions of Article 238 shall apply to the State of Nagaland with such modifications as may be specified in the notification.
(4) In Article 371A, the expression “Naga customary law” includes Naga customary law as applied to any person who is a Naga by religion or otherwise, and any matter related to religion, including the determination of a person’s religion.
UPSC Notes for Article 371A
Explanation:
- Special Provisions: Article 371A provides special provisions for the State of Nagaland, ensuring the protection of Naga culture, customs, and practices.
- Legislative Assembly’s Role: Acts of Parliament on specified subjects do not apply to Nagaland unless the Legislative Assembly of Nagaland decides by a resolution.
- Governor’s Special Responsibility: The Governor of Nagaland has special responsibilities regarding law and order and certain financial matters, acting in consultation with the Council of Ministers but exercising individual judgment where necessary.
- Financial Provisions: The Finance Commission must consider Nagaland’s unique needs when recommending grants-in-aid, and the Governor ensures appropriate utilization of funds provided by the Government of India.
Key Points:
- Cultural Protection: Safeguards the religious, social, and customary practices of the Nagas.
- Autonomy in Lawmaking: Empowers the Legislative Assembly of Nagaland to decide on the applicability of central laws on key matters.
- Governor’s Discretion: Grants the Governor special powers and responsibilities, particularly regarding law and order.
- Financial Assistance: Ensures that Nagaland receives adequate financial support for development and administrative purposes.
Important Cases and Commissions Related to Article 371A
Cases:
- No landmark Supreme Court cases specifically interpreting Article 371A, but its provisions have been crucial in maintaining the unique cultural and administrative framework of Nagaland.
Commissions:
- Various State and Central Commissions: Have reviewed the implementation of Article 371A to ensure it meets the intended objectives of protecting Naga customs and providing development support.
Important Reports Related to Article 371A:
- Reports by the Ministry of Home Affairs: Highlight the implementation and impact of special provisions in Nagaland, focusing on law and order, cultural preservation, and development.
Previous Year Prelims Questions Related to Article 371A
- What does Article 371A of the Indian Constitution provide for?
A. Special provisions for Scheduled Tribes in Assam
B. Special provisions for the State of Nagaland
C. Financial emergency provisions
D. Powers of the Supreme Court during an emergency Correct Answer: B. Special provisions for the State of Nagaland - Under Article 371A, whose concurrence is required for an Act of Parliament to apply to Nagaland?
A. The Prime Minister
B. The Governor
C. The Legislative Assembly of Nagaland
D. The Chief Justice of India Correct Answer: C. The Legislative Assembly of Nagaland
Previous Year Mains Questions Related to Article 371A
- “Discuss the significance of Article 371A in protecting the cultural and social practices of the Nagas. How does this provision impact the governance of Nagaland?”
- “Evaluate the role of the Governor under Article 371A in maintaining law and order in Nagaland. How does this special responsibility align with the federal structure of India?”
Additional Insights:
- Cultural Autonomy: Article 371A ensures that the unique cultural and social practices of the Nagas are preserved and respected, providing autonomy to the people of Nagaland in these matters.
- Legislative Empowerment: Empowers the Legislative Assembly of Nagaland to control the applicability of central laws, ensuring local customs and needs are prioritized.
- Governor’s Role: The Governor’s special responsibilities under Article 371A highlight the importance of maintaining law and order while respecting local customs and autonomy.
- Development Focus: Ensures that Nagaland receives adequate financial resources and support for development, considering its unique socio-economic conditions.
Understanding Article 371A is crucial for UPSC aspirants as it provides insights into the constitutional provisions for safeguarding the cultural and social practices of the Nagas and ensuring balanced development in Nagaland. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the mechanisms ensuring cultural preservation and administrative autonomy within the Indian Constitution.