Recent directives from Ministry of Petroleum and Natural Gas are perceived by the ‘Nagas’ as a threat to override the exceptional status enjoyed by the State. Discuss in light of Article 371A of the Indian Constitution. (UPSC 2013)

Article 371A grants Nagaland a special status protecting Naga religious and social practices, customary law, administration of civil and criminal justice, and ownership/transfer of land and its resources. Hence, the Ministry’s directives on oil and gas are viewed as an attempt to bypass this shield.

• Naga concern: Under Article 371A(1)(a)(iv), no Parliamentary law on ownership and transfer of land and its resources applies to Nagaland unless the State Assembly resolves to accept it.
• Centre’s position: Petroleum and natural gas fall under Union control (Entry 53, List I), so the Centre claims authority over exploration and development.

The issue is whether Union power over mineral resources can be exercised without the constitutionally mandated consent of Nagaland. A durable solution requires consultation with the State, tribal bodies and landowners, and any exploration must strictly follow Article 371A.