Dimapur, 31 May (MTNews): Former President of NPCC, K Therie has expressed disagreement with the belief that the Framework Agreement (FA) nullifies Article 371(A).
The former NPCC president emphasized that the FA is not a constitutional provision and has not undergone scrutiny by Parliament while on the other hand, “Article 371(A) is part of the Indian Constitution”, summarizing the 16-Point Agreement that led to the establishment of Nagaland’s Statehood. The former president argued that the benefits enjoyed by the people of Nagaland are a result of Article 371(A).
Regarding Imkong L Imchen’s statement that “Article 371(A) Clause IV has become redundant,” the former president argued that Imchen’s comment “is short of reading the foregoing note” which clearly defines the clause’s application.
He then went on to quote the note that states: (1) Notwithstanding anything in this Constitution, (a) no Act of Parliament in respect of clause i, ii, iii & iv shall apply to the State of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides.
The former NPCC president criticized Imchen’s ‘misleading’ comment, suggesting that it is in “violation of the Oath for failing to uphold the Constitution” and added that elected members are expected to understand and uphold the Constitutional provisions.
“Dr SC Jamir, former CM and Governor will correct us,” Therie said, stating that Jamir is a “living signatory of Article 371(A)” and that it was in his time the opinions of Constitutional experts were sought.
He then added how experts such as former Chief Justice Mohammad Hidayatullah and Constitutional Consultant FS Nariman have interpreted Article 371(A) clause iv, to mean that land and its resources belong to the people of Nagaland State.
The veteran Congress leader emphasized that if the Government of India is misinterpreting the provision, then it is the responsibility of the State Government to strongly protest. He said that Members of Parliament in the Lok Sabha and Rajya Sabha can raise the issue Nagaland Legislative Assembly as unconstitutional and invalid is an insult to the State Assembly.”
“The condemnation of the resolution implies he has accepted the interpretation of GOI as the final law. We cannot afford to lose such provisions without contest,” Therie argued and suggested that if the Assembly supports its resolution, a privilege motion should be initiated against Imchen. “Freedom of expression cannot be used to mislead and distort facts. Freedom also comes with responsibility and disciplinary actions,” he added.
The former president then explained the reasons why the Congress could not deliver. According to him, there was lots of opposition against Article 371(A) at that time alleging that Article 371(A) had ‘compromised sovereignty’ and that during their tenure, even temporary exploration licenses had to be cancelled to bring understanding for peaceful talks.
“We have restrained from extensive implementation of Article 371(A) to not provoke. Our priority has been to endeavor to solve the political problem through peaceful means,” he said.
The former NPCC president expressed disappointment in the lack of a constructive opposition in Nagaland, stating that “Right or wrong, good or bad, members will remain dumb, deaf and blind.” Therefore, the former president emphasized that, for the sake of the people, “the Governor of Nagaland has extra responsibilities.”