Why in News?

• Article 371A of the Constitution of India has been the major hurdle in the Nagaland government’s efforts to regulate small-scale illegal coal mining activities in the State.
• The State government has been under pressure to regulate coal mining activities after six miners died in an explosion in a rat-hole mine in the Wokha district.

What’s in Today’s Article?

• What is Article 371A of the Indian Constitution?
• Significance of the Article 371A
• Rat-hole Mining in Nagaland and Challenges in its Regulation

What is Article 371A of the Indian Constitution?

• When Nagaland (erstwhile Naga Hills and Tuensang Area) was given the status of a State by the Constitution (13th Amendment) Act 1962 in the Indian Union, Article 371A was inserted into Part XXI of the Constitution.
• Article 371A allows Special Constitutional Provisions to the State and thus reads:
  • Notwithstanding anything in this Constitution, no Act of Parliament in respect of
    • Religious or social practices of the Nagas,
    • Naga customary law and procedure,
    • Administration of civil and criminal justice involving decisions according to Naga customary law,
    • 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.

Significance of the Article 371A:

• The Constitution of India is a Federation with a strong unitary bias towards the Centre.
  • However, to accommodate the large diversity of the country, its federalism is asymmetrical, and Article 371A is an example of such asymmetry.
• The Article is not only a Constitutional right and legal mechanism but also resonates with a political process - a political barometer that represents the will of the people.
• The Article is seen as one of the recourses that safeguard the collective rights of the Nagas.
• However, there were concerns that Article 371(A) impedes the State’s development.
  • Article 371(A) states that land and its resources in the State belong to the people and not the government.
  • Due to this provision, the landowners usually do not allow the government to carry out any development activities on their plot.

Rat-hole Mining in Nagaland and Challenges in its Regulation:

• Data from Nagaland’s Geology and Mining Department say the State has 492.68 million tonnes of coal reserves but dispersed erratically and inconsistently in small pockets spread over a large area.
• Nagaland’s coal mining policy, first notified in 2006, allows rat-hole mining as the coal deposits are too scattered for large-scale and coordinated operations.
• Small Pocket Deposit Licence may be granted only to individual landowners for undertaking rat-hole mining and shall not be granted to any company.
• However, rat-hole mining can be undertaken only with the consent of the departments concerned, including that of Forest and Environment.
• Officials claimed the State government awarded several rat-hole mining leases with proper forest and environment clearances and definite mining plans.
  • This has not stopped people from operating such mines illegally.
• The unique land rights conferred under Article 371A have made regulating illegal coal mining activities more challenging.
• Therefore, residents in coal-bearing areas depend on illegal mining for sustenance and they need to be educated on the adverse effects of such activities.