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70 Years of Indian Years of Indian

Constitution
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….that land with all the resources in
anything else. Now as the British were no longer there,
the Naga hills should not be alienated
the major players were the NNC and the Government of
to non-Naga without the consent of
India. The whole issue became a fiercely political one and
though both sides generally wanted to resolve it, no one the Naga National Council
actually knew in whose court the ball was in!
SOUL OF ARTICLE 371-A OF THE CONSTITUTION

seemed so. However, one of the most important points in
The incorporation of Article 371 A in the Constitution
this Agreement which among all others except Clause-9
of India has its own history through a series of political
was agreed upon by the Governor of Assam as the
maneuvering and development; first in 1947 and then
Representative of the Government of India was “….that
in 1960. Travelling down the memory lane through a
land with all the resources in the Naga hills should not be
series of events and non-events, the following pictures
alienated to non-Naga without the consent of the Naga
emerges; a picture that seemed a “picture-perfect”, which
National Council.” This was later incorporated in the
at the time both the sides agreed to obey in letter and
16-Point Agreement of 1960 at Clause -7. The phrase “all
spirit. So, the first attempt was the Nine Point Agreement
its resources” includes all minerals and mineral resources
of 1947 agreement between the NNC and Shri Akbar
including petroleum and its bye-products.
Hydari, the Governor of Assam, who was acting on behalf
Being the lone surviving signatory to the 16-Point
of the Government of India. As the name suggests, the
Agreement of 1960 between the Government of India
Agreement stipulated 9-points in the Agreement, the
and the Naga Peoples Convention (NPC), I feel it that it
mandatory provision being, “ The Governor of Assam,
is my bounden duty to speak out and clarify the content
as the agent of the Union of India, will have a special
and spirit of this provision. This is a political agreement
responsibility for a period of ten years to ensure due
signed by both the Government of India and the
observance of this Agreement; at the end of this period
representatives of the NPC. It should not be construed as
the Naga National Council will be asked whether they
a mundane memorandum of understanding. Secondly,
require the above agreement to be extended for a further
while signing this agreement, there was no controversy
period or a new agreement regarding the future of the
whatsoever about Clause 7 of the 16-Point Agreement.
Naga people arrived at.”
The Agreement itself is self-evident that signatories to
This Agreement popularly known as the Akbar Hydari
the agreement from both sides, had fully recognized and
Agreement, seemed to be like a toothless tiger as it
clearly understood that land and its resources covers all
could not be implemented because of the different
minerals including petroleum and its by-products.
interpretations of Clause -9. Each side had its own way
Another special feature of the state of Nagaland is that
of interpretation which the other side utterly disliked or it

76 70 Years of Indian Constitution