Article 371A of CoI : Article 371A: Special provision with respect to the State of Nagaland.

Explanation using Example

Example 1:

Scenario: A new law is passed by the Indian Parliament that affects religious practices.

Application: The law will not automatically apply to Nagaland. For it to be applicable, the Legislative Assembly of Nagaland must pass a resolution agreeing to adopt the law. This ensures that the unique religious and social practices of the Nagas are preserved unless they choose otherwise.

Example 2:

Scenario: A dispute arises over the ownership of a piece of land in Nagaland.

Application: The dispute will be resolved according to Naga customary law, not the general Indian legal system. This means that traditional Naga practices and procedures will be followed in determining the rightful owner of the land.

Example 3:

Scenario: There is an internal disturbance in the Naga Hills-Tuensang Area.

Application: The Governor of Nagaland has special responsibility for maintaining law and order in this situation. The Governor can make decisions using his individual judgment after consulting the Council of Ministers. If the President of India decides that the special responsibility is no longer necessary, he can issue an order to that effect.

Example 4:

Scenario: The Government of India allocates funds for a specific project in Nagaland.

Application: The Governor of Nagaland must ensure that the funds are used for the intended project and not diverted to other purposes. This ensures transparency and proper utilization of resources.

Example 5:

Scenario: Establishment of a regional council in Tuensang district.

Application: The Governor will establish a regional council consisting of 35 members. The Deputy Commissioner of Tuensang will be the ex officio Chairman, and the Vice-Chairman will be elected by the council members. The Governor will also make rules regarding the council's composition, member qualifications, term of office, and other necessary matters.

Example 6:

Scenario: A new state law is passed by the Nagaland Legislative Assembly.

Application: This law will not apply to the Tuensang district unless the Governor, on the recommendation of the regional council, issues a public notification. The Governor can also specify modifications or exceptions to the law for its application in Tuensang.

Example 7:

Scenario: A member of the Legislative Assembly from Tuensang district is to be appointed as Minister for Tuensang affairs.

Application: The Governor will appoint the Minister for Tuensang affairs based on the advice of the Chief Minister, who will act on the recommendation of the majority of the members representing Tuensang. The Minister will have direct access to the Governor on matters related to Tuensang but must keep the Chief Minister informed.

Example 8:

Scenario: Difficulty arises in implementing the provisions of Article 371A.

Application: The President of India can issue an order to resolve the difficulty, including making necessary adaptations or modifications to other articles. However, this power is limited to three years from the formation of the State of Nagaland.