Article 371A

Article 371A

News: The regulation of coal mining in Nagaland faces a significant hurdle due to Article 371A of the Indian Constitution.

Background:
• This constitutional provision, which upholds Naga customary law, creates complications for government oversight of small-scale mining, particularly in the aftermath of recent fatalities resulting from a rat-hole mine explosion.

What is Article 371A?
• Article 371A of the Indian Constitution provides special provisions with respect to the State of Nagaland.
• Article 371A was not a part of the original Constitution of India in 1950. It was inserted later through the Constitution (Thirteenth Amendment) Act, 1962. This amendment coincided with the formation of the new state of Nagaland in 1963.

Key features:
• No Act of Parliament can interfere with the religious or social practices of the Nagas in Nagaland. This ensures that the unique cultural and traditional aspects of the Nagas are protected.
• The application of Naga customary law and procedure is safeguarded. Decisions related to civil and criminal justice, based on Naga customary law, remain within the purview of the State.
• The Governor exercises individual judgment in handling law and order matters.
• A regional council is established for the Tuensang district. It consists of thirty-five members.