Nagaland chief minister T.R. Zeliang said Nagaland was most fortunate to have specific mention in the Constitution of India— Article 371 (A), about protection of the traditions, cultures and religious practices of the Nagas and more importantly, assurance of ownership of the land and its resources.
Interacting with a delegation of the Central Naga Tribes Council (CNTC) led by its president Hokiye Yeptho at his office chambers on Friday, Zeliang pointed out that as compared to Mizoram (Article 371 G), where the special provision cites only “ownership and transfer of land”, Nagaland was privileged to enjoy the status of owning the resources as well. He expressed dismay that the people of Nagaland “did not protest against the unilateral violation of some important points of the 16-point Agreement of 1960, such as placement of the state of Nagaland under Home Ministry from the Ministry of External Affairs as contained in Point number 2 of the Agreement, and the financial assistance to the State from the Consolidated Fund as mentioned in Point number 11 of the Agreement which was never kept.”
It was time for people to be more aware of their rights and how to protect them, he added. With regard to oil issue, Zeliang apprised the CNTC about the tussle between the Ministry of Petroleum, Government of India and the state government over exploration and extraction of petroleum and natural gas in the State.
He said that the Ministry of Petroleum termed it as unconstitutional for the state government to frame the Rules & Regulations on Petroleum and Natural Gas quoting the Oilfields (Regulation and Development) Act, 1948. However, the state argued that as per 13th Amendment of the Constitution of India, December 1963 by which Article 371 A was inserted into the Constitution and Statehood for Nagaland was created, had, in effect, over-ruled the 1948 Act, he said.
He said that the ministry was also made known of the Article 371 A wherein states that “notwithstanding anything in this Constitution, no Act of Parliament in respect of … 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.”.
The chief minister also informed the delegation that he had written a letter in September 2015 to the Union Minister for Petroleum and Natural Gas, after the Ministry had put up for auction two oil blocks in Nagaland decrying the decision.
Though there were reports of few oil blocks located in Nagaland, that were included in the list of 69 oil fields to be opened for competitive bidding, he however said that the government had framed the NP&NGR 2012 in accordance with Article 371-A(1) (a) of the Constitution of India.
Based on this rules, he said that the state government had already invited Expressions Of Interest from interested oil companies, and was in the process of allocating the oil blocks in Nagaland.
As such the ministry’s competitive bidding was not appropriate, he said.
He cautioned that such a decision by Government of India at this juncture would have an “adverse impact on the on-going peace negotiations to resolve the Naga political issue, which is in an advanced stage now.”
Based on Article 371 (A), solution for Naga political issue was one of key point, he added. Accordingly, the matter was kept in abeyance with the arguments of the state government being seriously scrutinized by the Government of India, Zeliang told the delegation.
However, on the other hand Zeliang lamented that a tribal Hoho had filed a PIL in the Court and the matter was shifted to the legal arena where the state government’s efforts to carry out oil exploration and extraction was stalled.
“If we can’t fight for, protect what is legally ours today in our lifetime, future Naga generations will curse us,” he said and requested the leaders from the three major Naga tribes— Ao, Lotha and Sumi, to create awareness about the negative ramifications of the PIL.