Article 371A of Constitution of India "Special provision with respect to the States of Nagaland"
(1) Notwithstanding anything in this Constitution,-
(a) no Act of Parliament in respect of -
(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, shall
apply to the State of Nagaland unless the Legislative
Assembly of Nagaland by a resolution so decides;
(b) the Governor of Nagaland shall have special
responsibility with respect to law and order in the State of
Nagaland for so long as in his opinion internal disturbances
occurring in the Naga Hills-Tuensang Area immediately before
the formation of that State continue therein or in any part
thereof and in the discharge of his functions in relation
thereto the Governor shall, after consulting the Council of
Ministers, exercise his individual judgment as to the action
to be taken:
Provided that if any question arises whether any matter is
or is not a matter as respects which the Governor is under
this sub-clause required to act in the exercise of his
individual judgment, the decision of the Governor in his
discretion shall be final, and the validity of anything done
by the Governor shall not be called in question on the
ground that he ought or ought not to have acted in the
exercise of his individual judgment:
Provided further that if the President on receipt of a
report from the Governor or otherwise is satisfied that it
is no longer necessary for the Governor to have special
responsibility with respect to law and order in the State of
Nagaland, he may by order direct that the Governor shall
cease to have such responsibility with effect from such date
as may be specified in the order;
(c) in making his recommendation with respect to any demand
for a grant, the Governor of Nagaland shall ensure that any
money provided by the Government of India out of the
Consolidated Fund of India for any specific service or
purpose is included in the demand for a grant relating to
that service or purpose and not in any other demand;
(d) as from such date as the Governor of nagaland may by
public notification in this behalf specify, there shall be
estalished a regional council for the Tuensang district
consisting of thirty-five members and the Governor shall in
his discretion make rules providing for-
(i) the composition of the regional council and the manner
in which the members of the regional council shall be
chosen:
Provided that the Deputy Commissioner of the Tuensang
district shall be the Chairman ex-officio of the regional
council and the Vice-Chairman of the regional council shall
be elected by the members thereof from amongst themselves;
(ii) the qualifications for being chosen as, and for being,
members of the regional council;
(iii) the term of office of, and the salaries and
allowances, if any, to be paid to members of, the regional
council;
(iv) the procedure and conduct of business of the regional
council;
(v) the appointment of officers and staff of the regional
council and their conditions of services; and
(vi) any other matter in respect of which it is necessary to
make rules for the constitution and proper functioning of
the regional council.
(2) Notwithstanding anything in this Constitution, for a
period of ten years from the date of the formation of the
State of Nagaland or for such further period as the Governor
may, on the recommendation of the regional council, by
public notification specify in this behalf,-
(a) the administration of the Tuensang district shall be
carried on by the Governor;
(b) where any money is provided by the Government of India
to the Government of Nagaland to meet the requirements of
the State of nagaland as a whole, the Governor shall in his
discretion arrange for an equitable allocation of that money
between the Tuensang district and the rest of the State;
(c) no Act of the Legislature of Nagaland shall apply to the
Tuensang district unless the Governor, on the recommendation
of the regional council, by public notification so directs
and the Governor in giving such direction with respect to
any such Act may direct that the Act shall in its
application to the Tuensang district or any part thereof
have effect subject to such exceptions or modifications as
the Governor may specify on the recommendation of the
regional council:
Provided that any direction given under this sub-clause may
be given so as to have retrospective effect;
(d) the Governor may make regulations for the peace,
progress and good government of the Tuensang district and
any regulations so made may repeal or amend with
retrospective effect, if necessary, any Act of Parliament or
any other law which is for the time being applicable to that
district;
(e) (i) one of the members representing the Tuensang
district in the Legislative Assembly of nagaland shall be
appointed Minister for Tuensang affairs by the Governor on
the advice of the Chief Minister and the Chief Minister in
tendering his advice shall act on the recommendation of the
majority of the members as aforesaid;
(ii) the Minister for Tuensang affairs shall deal with, and
have direct access to the Governor on, all matters relating
to the Tuensang district but he shall keep the Chief
Minister informed about the same;
(f) notwithstanding anything in the foregoing provisions of
this clause, the final decision on all matters relating to
the Tuensang district shall be made by the Governor in his
discretion;
(g) in articles 54 and 55 and clause (4) of Article 80,
references to the elected members of the Legislative
Assembly of a State or to each such member shall include
references to the members or member of the Legislative
Assembly of Nagaland elected by the regional council
established under this Article;
(h) in Article 170-
(i) clause (1) shall, in relation to the Legislative
Assembly of Nagaland, have effect as if for the word
"sixty", the words "forty-six" had been substituted;
(ii) in the said clause, the reference to direct election
from territorial constituencies in the State shall include
election by the members of the regional council established
under this Article;
(iii) in clauses (2) and (3), references to territorial
constituencies shall mean references to territorial
constituencies in the Kohima and Mokokchung districts.
(3) If any difficulty arises in giving effect to any of the
foregoing provisions of this Article, the President may by
order do anything (including any adaptation or modification
of any other Article) which appears to him to be necessary
for the purpose of removing that difficulty:
Provided that no such order shall be made after the
expiration of three years from the date of the formation of
the State of Nagaland.
Explanation.- In this Article, the Kohima, Mokkchung and
Tuensang districts shall have the same meanings as in the
State of Nagaland Act, 1962.