Page 77 - Constitution

70 Years of Indian

Constitution

The 16-point Agreement of 1960 is
recognizing the uniqueness of Naga political history,
regardless of the smallness of area and population, a bilateral agreement between the
a separate State had to be created on the basis of the
Naga Peoples Convention and the
16-point memorandum. To give effect to this agreement,
Government of India.
the State of Nagaland Act 1962 for the formation of a new
state was passed by both Houses of Parliament in 1962.
Durga Das, one of the luminaries among Constitutional
any ambiguity that “land and its resources” belong
expert commented on Article 371A as “All matters are
to the Nagas (See Clause 4, Nine Point Agreement
peculiar to the proposed state of Nagaland, provisions
of 1947). Indeed, herein lie the hope and aspiration
with their respect has to be made itself. A separate Act,
of the Nagas, in the sense that “the land and its
viz the State of Nagaland Act 1962 for formation of the
resources” means all minerals including petroleum
new state relatable to Act 3 was also simultaneously
and its by-products.
passed in the Constitution.”
(C) It should be noted that the 16-point Agreement of
Bursting the bubble of misconceptions: 1960 is a bilateral agreement between the Naga

Peoples Convention and the Government of India.
As the events that unfolded after the formation of the
All points which had mutually agreed at the time of
Naga National Council in 1946 have shown us, the Naga
agreement should not be raised and misinterpreted
political issue cannot be equated with other issues in
after the passage of more than six decades. As far
the country because of the following special features
as the people of Nagaland is concerned and also
pertaining to Nagaland:
the letter and spirit of the 16 Points Agreement, is
(A). Nagaland was created through a solemn political
concerned Article 371A (a) sub-clause covers land
Agreement whereas, the other states of the country
and its resources. Nothing less and nothing more. It
were constituted on linguistic basis as recommended
reads: (a) no Act of Parliament in respect of –
by the State Reorganization Committee. Naga people
i. Religious and social practices of the Nagas,
had been demanding independent Nagaland, and
ii. Naga customary law and procedure,
therefore as the minimum demand, the Naga Peoples
iii. Administration of civil and criminal justice involving
Convention prepared the 16-Points Memorandum
decisions according to Naga customary law,
to be the basis of negotiation for creation of a full-
iv. Ownership and transfer of land and its resources, shall
fledged state within Indian Union.
apply to the state of Nagaland unless the Legislative
(B). It should be noted that Article 371A is the soul of
Assembly of Nagaland by a resolution so decides.
the 16-Point Agreement, in which it is stated without
This Article 371A was inserted into the Constitution

70 Years of Indian Constitution 77