Insists that Art.371 (A) and ILP protects citizens of the state
Against the backdrop of demand from the opposition NPF on the PDA government to oppose the Citizenship (Amendment) Bill (CAB) 2016 (already passed by the Lok Sabha and now to be decided in the Rajya Sabha), the Nagaland cabinet Sunday has categorically asserted that the CAB was not applicable to Nagaland as the state stood protected under provisions of Article 371 (A) and Inner Line Permit (ILP).
According to a statement issued by the Chief Minister’s Office (CMO) media cell, the state cabinet took the decision at its meeting on January 18 after deliberating on the Bill and also re-iterated the earlier decisions adopted by the Cabinet on June 5, 2018 and January 7, 2019.
NPF and various thinkers opposed the CAB with even BJP ruled-Manipur and BJP coalition partners in Meghalaya and Mizoram adopting resolutions in opposing the bill, the PDA government has instead adopted a debatable stand that the Citizenship Bill, was not applicable to Nagaland as the state was protected under the provisions of Article 371 (A) and the Inner Line Permit (ILP) as per Bengal Eastern Frontier Regulation, (BEFR) of 1873, as affirmed under Clause 16 of the 16 Point Agreement.
Even on this score, both NPF and other thinkers had maintained that the CAB cannot be dealt with by either Article 371(A) since it dealt with customary laws and traditional ownership and the BEFR dealt with movement of non-indigenous people into protected areas.
CMO informed that the cabinet also decided to appeal to the Government of India (GoI) to have wider consultations with all NE states to ensure that rights of indigenous people were fully protected, besides referring the Bill to the Standing Committee on Art. 371 (A) under NLA to examine the issue in its entirety. CMO media cell said, after discussing the Bill, the cabinet reiterated the earlier decisions taken on June 5, 2018 and January 7, 2019 and decided to adopt a resolution re-affirming all provisions of Article 371 (A) and strengthen implementation of ILP as per BEFR, 1873 that will also be taken up in the next session of NLA.
Meanwhile, as per the cabinet decision, chief minister Neiphiu Rio has written a letter to Union Home minister conveying the concern and apprehension of the people of Nagaland regarding the Bill.
CMO media cell pointed out that the Bill, even if enacted, would not be applicable to Nagaland in view of the “constitutional ecosystem contained in Article 371 (A) of the Constitution of India” that guaranteed Nagas their way of life “un-interfered” by any Parliamentary enactment, unless NLA by a resolution so decides.
The cabinet maintained that it was necessary to ensure that the historic and unique cultural traditions and customary practices of Nagas are protected and safeguarded for which special constitutional provisions under Art. 371(A) have also been incorporated in the Constitution, the letter is said to have pointed out.