2013 · GS Paper 2 · Q3 · 10 marks

Recent directives from Ministry of Petroleum and natural Gas are perceived by the Nagas as a threat to override the exceptional status enjoyed by the State. Discuss in light of Article 371A of the Indian Constitution.

In short

Nagas saw MoPNG's 2013 directives as overriding Article 371A, which bars Parliament's laws on land and its resources in Nagaland without the Assembly's consent. The Union relies on Entry 53 of the Union List and the Oilfields Act, 1948, so the clash needs a negotiated settlement.

Model answer

Ghissu Editorial · Verified 4 Oct 2026

Introduction
Article 371A (Thirteenth Amendment, 1962) bars any Act of Parliament on Naga customary law or the "ownership and transfer of land and its resources" from applying to Nagaland unless its Assembly so resolves. MoPNG's 2013 directives, which denied the state a role in licensing oil exploration, were read by the Nagas as a breach of this guarantee.
Why Nagas See the Directives as Overreach
•

Textual guarantee

The provision begins with a non obstante clause, and in 2010 the Nagaland Assembly resolved that central petroleum laws would not apply in the state.

•

Community land

Land in Nagaland is owned largely by villages, clans and individuals, so Nagas read "resources" to include subsoil oil and framed the Nagaland Petroleum and Natural Gas Regulations, 2012.

•

Distrust

ONGC stopped drilling in 1994 amid local opposition, and a unilateral order during the peace talks revived fears that special status was hollow.

The Union's Case and the Constitutional Balance
•

Union List primacy

Entry 53 of the Union List and the Oilfields (Regulation and Development) Act, 1948 give the Centre power over mineral oil, which it treats as a national resource rather than a land right.

•

Revenue stays local

Royalty on onshore crude goes to the producing state, so central licensing does not deprive Nagaland of the benefit.

•

Unsettled meaning

The Supreme Court has not ruled whether subsoil minerals are "land and its resources".

Conclusion
The dispute sets Naga autonomy against the Union's power over a strategic resource. Joint licensing with community consent and an assured revenue share would respect the 16-Point Agreement and cooperative federalism alike.

This model answer is indicative and the model can make mistakes; please verify key facts independently.

Hand-drawn diagram: Two readings of Article 371A. Two readings of Article 371A. Comparison of Naga reading and Union reading
Diagram: Two readings of Article 371A

Practise this question

  1. 1Get the answer sheet

    Sized for this question.

  2. 2Write your answer

    Timed, by hand.

  3. 3Get it marked

    Your score and what to fix.

Share this questionWhatsAppTelegramXLinkedIn

This chapter in the exam

Significant Provisions — Special Provisions, Co-operative Societies & Official Language3 questions

Asked in 3 of 14 sittings since 2013

2013
1
2014
–
2015
–
2016
1
2017
–
2018
–
2019
–
2020
–
2021
–
2022
–
2023
–
2024
–
2025
1
2026
–

Question from the official UPSC Civil Services (Main) Examination 2013 paper. Answer written by Ghissu's engine and checked against our editorial standards. Found an error? Tell us and we correct it within 48 hours.

Ghissu

OUTWORK·
OUTTHINK·
MASTER THE SYSTEM·
OUTWORK·
OUTTHINK·
MASTER THE SYSTEM·
OUTWORK·
OUTTHINK·
MASTER THE SYSTEM·
OUTWORK·
OUTTHINK·
MASTER THE SYSTEM·
OUTWORK·
OUTTHINK·
MASTER THE SYSTEM·
OUTWORK·
OUTTHINK·
MASTER THE SYSTEM·
OUTWORK·
OUTTHINK·
MASTER THE SYSTEM·
OUTWORK·
OUTTHINK·
MASTER THE SYSTEM·