KOHIMA, 5th May, 2023: Advisor Information and Public Relations, Soil and Water Conservation, Imkong L Imchen has reiterated the need to review the special provision of the Article 371(A). Imchen suggested the state government to revisits the Article and bring out more meaning to it.

Sharing his views and opinion on Article 371(A) to media persons at Kohima today, the Advisor asserted that the constitutional provision of Article 371(A) particularly Clause IV has sadly become redundant. He said, barely reading of Article 371(A) reveals that no definition or meaning is given with regard to ownership and transfer of land and its resources.

This very inherent flaw creates difficulties and confusion in the realm of interpretation, he added. Imchen further observed that there is no specific legislative power accorded to the Nagaland Legislative Assembly, NLA to legislate with special provision of Article 371(A). Imchen noted that Article 371 (A) is rather a protective provision and not an enabling provision of law in the Constitution.

He pointed out the office memorandum issued by the Ministry Home Affairs in 2012 whereby, the Union Ministry is of the considered view that Article 371 (A) (a) does not confer legislative power to the Legislative Assembly of Nagaland on regulation and development of mineral oil. Imchen therefore said, the resolution passed by the Nagaland Assembly in July 2010 was unconstitutional and invalid.