3 - Statement of Objects and Reasons. - Constitution (13th Amendment) Act, 1962

Statement of Objects and Reasons. 1. In July, 1960, an agreement was reached by the Government of India with the leaders of the Naga Peoples Convention under which it was decided that Naga Hills-Tuensang Area (Nagaland), which is at present a Part B tribal area within the State of Assam, will be formed into a separate State in the Union of India. 2. The Agreement inter alia provides that- (a) the Governor of the State of Nagaland shall have special responsibility for law and order for so long as the law and order situation continues to remain disturbed on account of hostile activities; (b) the Governor shall have general responsibility with regard to the funds made available to the new State by the Government of India; (c) the administration of the Tuensang District of Nagaland shall be carried on by the Governor for a period of ten years during which it is expected that the people of that area would be in a position to shoulder fuller responsibilities of administration. A Regional Council is to be formed for the said Tuensang District comprising elected representative from the tribes therein. This Regional Council will supervise and guide the working of the Village, Range and Area Councils in that district and further no law passed by the Nagaland legislature will extend to that district unless so recommended by the Regional Council; (d) Acts of Parliament shall not apply to Nagaland unless so decided by the Nagaland Legislature with regard to:- (i) religious or social practices of the Nagas; (ii) Naga Customary Law and procedure; (iii) administration of civil and criminal justice involving decisions according to Naga Customary Law; (iv) ownership and transfer of land and its resources. 3. As these matters are peculiar to the proposed new State of Nagaland, provision with respect thereto has to be made in the Constitution itself. This Bill accordingly seeks to amend the Constitution to provide for the aforesaid matters and matters ancillary thereto. A separate Bill for the formation of the new State relatable to article 3 is also being introduced.