Nagaland can reject CAB as it has constitutional provision: NDPP

Nagaland can reject CAB as it has constitutional provision: NDPP

Guwahati: The Nationalist Democratic Progressive Party (NDPP) sought to clarify certain doubts as to how the state and its people are protected by the Citizenship (Amendment) Bill, 2016 in the context of Nagaland vis-a-vis Article 371 (A). The article which starts with the words 'Notwithstanding anything in this Constitution, no act of Parliament...' means that no act of Parliament shall apply to the state of Nagaland regardless of what is mentioned in the Constitution.

The statement further read as in order to determine whether a person is a Naga citizen along with his or her rights rests upon the village institutions who are the keepers of the traditional and customary laws, practices and procedures and not the government as has been the customary practices of Naga's since time immemorial which has been further strengthened and protected by Article 371 (A) of the Constitution.

The county's capital has given further protection to Nagaland by bringing the state under the purview of the Bengal Eastern Frontier Regulation 1873 whereby the Inner Line permit is issued to safeguard the citizenship of the Naga's along with their rights and privileges.

It has been mentioned in the statement that the Article 371 (A) should be viewed on a much wider perspective since the article is a special provision given to the state of the Nagaland by the Government of India on account of the sacrifices made by the Naga people.

The statement clearly states that if the Citizenship (Amendment) Bill becomes an Act the Nagaland Legislative Assembly (NLA) has the provisions of Article 371 (A) not to implement the same in the state of Nagaland. The NLA also decided not to implement the 73rd Amendment of the Constitution in 1992 on the grounds that infringed upon the provisions of Article 371 (A) of the Constitution and therefore, the state of Nagaland has since been exempted from Part IX of the Constitution of India that pertains to the Panchayati Raj system since the Nagaland Village and Area Council Act 1978 was already in effect that conforms to the traditional and customary laws, practices and procedures.

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