| Originally posted by : N.K.Assumi |
 |
Accoding to Sub Clauses (iv) of Clause (1) of Article 371A of the Constitution of India "ownership and transfer of land and its natural resources". It means from the bottom of the earth to the sky above: but the wisdom of the cenntral government is that " Ownership of Oil and Natural Gas should be the Central government" It means natural resources like Diamond, Gold, Precious Stones etc; belongs to them except stone boulders, mud and sand belongs to the Naga People. Is this the correct interpretation? |
 |
As per Black's Law Dictionary 9th Edition -
Nation - A large group of people haVing a common origin, language, and tradition and usually constituting a political entity. When a nation is coincident with a state, the term nation-state is often used. Also termed nationality.
"The nearest we can get to a definition is to say that a nation is a group of people bound together by common history, common sentiment and traditions, and, usually (though not always. as, for example, Belgium or Switzerland) by common heritage. A state, on the other hand, is a society of men united under one government. These two forms of society are not necessarily coincident. A single nation may be divided into several states, and conversely a single state may comprise several nations or parts of nations." John Salmond, Jurisprudence 136 (Glanville L Williams ed., 10th ed. 1947).
There is no nation of Indians in the real sense of the world, it is yet to be created. In believing we are a nation, we are cherishing a great delusion. - Dr. B. R. Ambedkar
Going by the above facts of law the political Indian Nation State is made up of various Nations/ Peoples. This fact has been acknowledged by Article 1 of the Constitution that in interest of justice and law, the foundational units of the Indian Nation State are made of different nations/ peoples. This further gets confirmed by State Lists, various languages, SC/STs listed in the Constitution. Sub Clauses (iv) of Clause (1) of Article 371A is also recognition of this fact in interest of law and justice for Naga Nation. The equality under Part III is subject to intelligible diffrentia. Enough inteligible differentia exists for Naga Nation. Thus Sub Clauses (iv) of Clause (1) of Article 371A be intrerpreted in direction to benefit the property rights of Naga Nation else the very purpose of Sub Clauses (iv) of Clause (1) of Article 371A gets defeated and it will be greatest injustice and mockery of the law, justice and the Constituion.
Constitution is a socio political social contract which is based on law and it's foundations are based on trust. If the trust is violated by the very custodians and trustees of the trust, the very foundation fails. It will also shatter whatever faith the Naga Nation has in the Indian Constituion.
As per realist theory of law, the executive, the legislature and judiciary suffer from various personal biases and prejudices depending upon their personal views based on their political, religious, racial or caste affilliations. Thus as per realist theory of law, the law in practice is likely to be tainted by these factors.
All things are subject to interpretation whichever interpretation prevails at a given time is a function of power and not truth. - Friedrich Nietzsche
