It is a touchy subject but the discussion and debate around the 16 Point Agreement is never-ending. Although it is not explicitly mentioned, it is commonly held that the 16 Point Agreement of July 26, 1960 is the basis for the formation of Nagaland state as the 16th state in the Union of India. On 21st August, 1962, a bill was introduced in the Parliament and was passed, legalizing the formation of Nagaland as a fully-fledged State. The bill passed by the Parliament received President’s assent on the 4th September, 1962 and is known as the State of Nagaland Act, 1962. The Act provides for the formation of the State of Nagaland as the 16th State in the Indian union on 1st December, 1963.
The 16 Point Agreement, if it really is the basis for the formation of Nagaland state, has not been accorded the due respect it deserves. In fact, it remains a forgotten document. Point 7 of the 16 Point Agreement clearly states that no Act or law passed by the Union Parliament affecting the religious or social practices of the Nagas, the customary laws and procedures shall have legal force in Nagaland unless specifically applied to it by a majority vote of the Nagaland Legislative Assembly. This Point 7 is reproduced in Article 371 (A) of the Indian Constitution. The latest demand of the All Ward Union Mokokchung Town (AWUMT) to the government of Nagaland to declare the public notice of Central Ground Water Authority as unconstitutional and, therefore, null and void, is premised on this.
Meanwhile, in Kohima, the chief minister of Nagaland during his speech at the Nagaland CSR and Investment Conclave on Monday said that the shortage of state resources is a result of the 16 Point Agreement’s financial pattern’s withdrawal in 1989, which also resulted in the loss of funding intended for administrative costs and developmental projects. The chief minister was referring to Point 11 of the 16 Point Agreement, which provides that there will be need for the government of India to pay out of the Consolidated Fund of Nagaland and a grant-in-aid towards meeting the cost of administration.
These two immediate instances posit the question as to how relevant the 16 Point Agreement actually is today. It is often said that Nagaland is the only state in India that was formed after a political agreement. But, as can be seen, the agreement has not been upheld by both parties. The Government of India on the one hand is not honoring it, while the government of Nagaland on the other is not claiming it. There is another point in the 16 Point Agreement that is also more or less forgotten – Point 2 –which states that Nagaland state shall be under the Ministry of External Affairs of the Government of India. It is said that Nagaland was in fact kept under the Ministry of External Affairs until it was transferred to the Ministry of Home Affairs in 1972 – a forgotten point