What are special provisions related to Nagaland?

Q.  The Acts of parliament relating to which of the following matters would not apply to Nagaland unless the legislative assembly so decides?

1) Religious or social practices of Nagas.
2) Naga customary law and procedure.
3) Law and order in Nagaland.
4) Ownership and transfer of land and its resources.

- Published on 07 Mar 17

a. 1, 2 and 3
b. Only 1 and 2
c. 1, 2 and 4
d. All of the above

ANSWER: All of the above
    Article 371-A makes the following special provisions for Nagaland (13th Constitutional Amendment Act of 1962) -

    The Acts of Parliament relating to the following matters would not apply to Nagaland unless the State Legislative Assembly so decides -

    1. religious or social practices of the Nagas;

    2. Naga customary law and procedure;

    3. administration of civil and criminal justice involving decisions according to Naga customary law; and

    4. ownership and transfer of land and its resources.

  • The Governor of Nagaland shall have special responsibility for law and order in the state so long as internal disturbances caused by the hostile Nagas continue.

  • In the discharge of this responsibility, the Governor, after consulting the Council of Ministers, exercises his individual judgement and his decision is final.

  • This special responsibility of the Governor shall cease when the President so directs.

  • 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 judgement.

  • The Governor has to ensure that the money provided by the Central Government for any specific purpose is included in the demand for a grant relating to that purpose and not in any other demand moved in the State Legislative Assembly.

  • A regional council consisting of 35 members should be established for the Tuensang district of the state.

  • The Governor should make rules for the composition of the council, manner of choosing its members, their qualifications, term, salaries and allowances;

  • the procedure and conduct of business of the council;

  • the appointment of officers and staff of the council and their service conditions; and

  • any other matter relating to the constitution and proper functioning of the council.

  • For a period of ten years from the formation of Nagaland or for such further period as the Governor may specify on the recommendation of the regional council, the following provisions would be operative for the Tuensang district -

    1. The administration of the Tuensang district shall be carried on by the Governor.

    2. The Governor shall in his discretion arrange for equitable distribution of money provided by the Centre between Tuensang district and the rest of Nagaland.

    3. Any Act of Nagaland Legislature shall not apply to Tuensang district unless the Governor so directs on the recommendation of the regional council.

    4. The Governor can make Regulations for the peace, progress and good government of the Tuensang district. Any such Regulation may repeal or amend an Act of Parliament or any other law applicable to that district.

    5. There shall be a Minister for Tuensang affairs in the State Council of Ministers.

    6. He is tobe appointed from amongst the members representing Tuensang district in the Nagaland Legislative Assembly.

    7. The final decision on all matters relating to Tuensang district shall be made by the Governor in his discretion.

    8. Members in the Nagaland Legislative Assembly from the Tuensang district are not elected directly by the people but by the regional council.

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