NSCN (IM)’s take on Article 371 (A) and 16 Point Agreement misleading: Ex-PAN

DIMAPUR, JUNE 24 (MExN): The Ex-Parliamentarian’s Association of Nagaland (Ex-PAN) has taken exception to a statement made by the NSCN (IM) in connection to the Naga political issue which appeared on the May 27 issue of the local dailies. 

The Association quoted the statement which read, “Thus, Article 371 (A) as inserted into the Part XXI of the Indian Constitution in the year 1962 or 16 Point Agreement of 1960, no longer bears any political meaning as the historic Framework Agreement (FA) signed between the Nagas as represented by NSCN and Government of India (GoI) on 3rd August, 2015 has come into existence to nullify all the past acts of injustice to the Nagas and bring new solution/agreement that is honourable and acceptable.” 

Drawing attention to this statement, the Association said the implications of the quoted assertion that “the FA has nullified the 16 point agreement and Article 371 (A)” will have far reaching consequences and ramifications. 

It stated that so far, the FA remains a mere ‘Framework’ because of the fact that for the last 8 years since it was signed, no final agreement or any other subsequent arrangements have been reached at between the NSCN (IM) and the GoI. 

The FA is only an agreed parameter within which the agenda/competencies are supposed to be worked out for necessary implementations on the ground. Then in pursuance of the same, the Association said similar to that of the 16-point agreement, those agreed agenda or competencies are to be enacted into an Act passed by both Houses of Parliament. 

Also, if Article 371 (A) is to be superseded by any other act, it has to be through a specific amendment by two-third majority of the members voting in both houses. Only then, the question of whether such competencies under FA approved by both Houses of Parliament are superior/inferior in respect to constitutional status of Article 371 (A) or 16-point agreement will hold water. 

However, the Association pointed out that the FA till date remains without any substance and it has never been placed before the two Houses of Parliament. Therefore it stated that such claims that Article 371 (A) or 16-point agreement being nullified is an invalid assertion and misleading. 

Toward this, the Association viewed that the “NSCN (IM) must not try and dismantle the established constitutional pillars with jaundiced eye unless such existing arrangements are substituted with more constitutional powers instead of basing statements on an agreement that has no constitutional authority.” 

On NSCN (IM) blaming the GoI for the inconclusiveness of the negotiations, the Association said the “NSCN (IM) knows best on who is responsible for the delays in arriving at a final agreement.” 

The Association meanwhile urged all the negotiating parties to be sincere and honest with the Nagas as to whether they will opt for the ultimate agreement or will they opt out. 

“The peace process cannot become indefinite as the process engages not only negotiators but every citizen, and the common man in particular has to bear the brunt of it,” it stated.