Let us see the 13th constitutional amendment Act 1962, by which Nagaland became an independent State. And what agreement was signed between the government and Nagaland. The question comes to hear that what is today’s status of Nagaland.
History Behind The 13th Constitutional Amendment
- 1918: Naga requested the British not to include them in the Indian union.
- 1946: Naga Council formed under Phizo.
- NNC declared ” an independent state ” on August 14, 1947.
- 1951 NNC conducted a plebiscite to make Nagaland a Sovereign country.
- 1952 Phizo formed the understand Naga Federal Government (NFG) and the Naga Federal Army (NFA)
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The Government of India sent in the Army to deal with insurgency and, in 1958, Armed Forces (Special Powers)Act was enacted.
Statement Of Objects And Reasons For 13th Constitutional Amendment.
- In July 1960, an agreement was reached by the Government of India with the leaders of the Naga Peoples Convention under which
- It was decided that Naga Hills-Tuensang Area (Nagaland), which is at present a Part ‘B’ tribal area within the State of Assam.
- Will be formed into a separate State in the Union of India.
Agreement Done in 13th Constitutional Amendment
(a) the governor of the State of Nagaland shall have special responsibility for law and order for so long as the law and order situation continues to remain disturbed on account of hostile activities.
(b) the governor shall have general responsibility with regard to the funds made available to the new state by the Government of India.
(c) the administration of the Tuensang District of Nagaland shall be carried on by the Governor for a period of ten years during which it is expected that the people of that area would be in a position to shoulder fuller responsibilities of administration.
(d) Acts of Parliament shall not apply to Nagaland unless so decided by the Nagaland Legislature with regard to:-
(1) Religious or social practices of the Nagas, therefore you can see that today’s Panchayati Raj women’s reservation is not applied to Nagaland.
(2) Naga Customary Law and procedure,
(3) Administration of civil and criminal justice involving decisions according to Naga Customary Law
(4) Ownership and transfer of land and its resources.
Statement Of Objects And Reasons for 13th Constitutional Amendment Act
The Bill accordingly seeks to amend the Constitution to provide for the aforesaid matters and matters ancillary thereto. A separate Bill for the formation of the new State relatable to article 3 is also being introduced.
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 that 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:
Provided further that if the President on receipt of a report from the Governor or otherwise is satisfied that it is no longer necessary for the Governor to have special responsibility with respect to law and order in the State of Nagaland, he may by order direct that the Governor shall cease to have such responsibility with effect from such date as may be specified in the order;
(h)in Article 170
(i) clause ( 1 ) shall, in relation to the Legislative Assembly of Nagaland, have effect as if for the word sixty, the words forty-six had been substituted;
(ii) in the said clause, the reference to direct election from territorial constituencies in the State shall include election by the members of the regional council established under this article;
(iii) in clauses ( 2 ) and ( 3 ), references to territorial constituencies shall mean references to territorial constituencies in the Kohima and Mokokchung districts
