Article 371A and Nagaland

Article 371A grants Nagaland special constitutional protection over specified matters connected with Naga society, customary law, justice, and land. An Act of Parliament concerning these protected subjects applies to Nagaland only when the Nagaland Legislative Assembly adopts a resolution deciding that it should apply.

Constitutional rule

Under Article 371A(1)(a), a parliamentary law on a protected subject does not become applicable to Nagaland merely because Parliament has enacted it. Its application requires an affirmative resolution of the Nagaland Legislative Assembly; approval by the Governor or the state executive is not the constitutional substitute for this resolution.

Subjects requiring an Assembly resolution

The requirement applies when an Act of Parliament is in respect of any of the following protected matters:

• The religious or social practices of the Nagas are protected.
• Naga customary law and procedure are protected.
• The administration of civil and criminal justice involving decisions according to Naga customary law is protected.
• The ownership and transfer of land and its resources are protected.

Nature of the protection

The protection is subject-specific rather than a general exemption from parliamentary legislation. It gives the State Legislative Assembly a constitutional gatekeeping role for central laws falling within the four protected fields.

• The provision operates notwithstanding other provisions of the Constitution.
• Article 371A was inserted by the Constitution (Thirteenth Amendment) Act, 1962.