Thirteenth Constitutional Amendment Act 1962 explained – Indian Polity – Free PDF

History

• 1918: Naga requested British not to include them in Indian union
• 1946 Naga National Council formed under Phizo
• NNC declared Nagaland “an independent state” on August 14, 1947.
• 1951 NNC conducted plebiscite to make Nagaland Sovereign country
• 1952, Phizo formed the underground Naga Federal Government (NFG) and the Naga Federal Army (NFA)
• The Government of India sent in the Army to deal with insurgency and, in 1958, Armed Forces (Special Powers) Act was enacted.

STATEMENT OF OBJECTS AND REASONS

• 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.

Agreements

• 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;
• 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.

STATEMENT OF OBJECTS AND REASONS

(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.

• 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.

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