(From previous issue)
The State of Nagaland Act 1962, enacted by Parliament for the creation of the State of Nagaland.
“Section 26. Continuance of existing laws and their adaptation.-
(1) All laws in force, immediately before the appointed day, in the Naga Hills Tuensang Area shall continue to be in force in the State of Nagaland until altered, repealed or amended by a competent Legislature or other competent authority.
(2) For the purpose of facilitating the application in relation to the State of Nagaland of any law made before the appointed day, the appropriate Government may, within two years from that day, by order make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent Legislature or other competent authority.
Explanation- In this section, the expression “appropriate Government” means, as respects any law relating to a matter enumerated in the Union List in the Seventh Schedule to the Constitution, the Central Government; and as respects any other law, the Government of Nagaland.”
The BEFR 1873, The Foreigners Act, 1946, and The Citizenship Act, 1955, along with all the amendments over the years are Laws within the meaning of law in Article 13 of the Constitution. It was in force in erstwhile Naga Hills Tuensang Area, immediately before 1st December, 1963. These are laws enacted by the Parliament prior to Nagaland statehood. Since it has not been altered, repealed or amended within two years since statehood as provided under Section 26 (2) of the State of Nagaland Act, 1962, it is applicable in the State of Nagaland. It is opined that Article 371A (1) (a) shall be stretched too far to make a claim that Nagaland Legislative Assembly have the power under Article 371A to restrict the applicability of the Citizenship (Amendment Bill) 2016, as and when it became a law. Such a view may not pass the legal scrutiny of reasonableness since the Nagaland Legislative Assembly did not exercised its power as provided in Section 26 of the Act of 1962. To make a claim that Nagaland Legislative Assembly can still exercise even at this belated stage may create more problems than solving the problems since much water has been flowed in river Dikhu since statehood. It is also important to remember that Article 371A comes with effect from 01-12-1963. The recent resolution of the State Cabinet to urge upon the Central Government to review the Citizenship (Amendment Bill) 2016, with due respect, it was a halfhearted approach and especially when the Bill is already passed by the Lok Sabha. Any piece meal solution shall be counterproductive at this crucial juncture. Also, to take shelter behind Article 371A and BEFR 1873 shall be self defeating. The only permanent solution shall be total scrapping of the Bill. It is respectfully opined that summoning a special session of the Nagaland Legislative Assembly to discuss the Bill and an assembly resolution urging upon the Government of India to withdraw the Bill could be a way forward and which shall be an eye opener for other north eastern states. It is sincerely hoped that our honorable elected representatives shall rise to the occasion by taking a bold and decisive decision showing statesmanship. This humble opinion is shared with a positive intention to facilitate a healthy discussion on the present burning issue faced by our people.
(Concluded)
Taka Masa Ao, Senior Advocate & Ex.MLA