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Article 371A

Special Protections for Naga Customary Law, Land Ownership, and Tuensang District

Official heading: “Special provision with respect to the State of Nagaland”

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Source edition
The Constitution of India (as on 1 May 2026)
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Part XXI, Article 371A, printed pages 232–235
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1. In One Sentence

Protects Naga religious, customary, and land rights from Parliamentary laws without State Assembly approval, and establishes special administrative rules for Tuensang district.

2. What It Means in Everyday Language

Inserted by the Constitution (Thirteenth Amendment) Act, 1962 pursuant to the 16-point Agreement with Naga leaders, Article 371A provides robust asymmetric federal protections for Nagaland.

Under clause (1)(a), no Act of Parliament in respect of: (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, and (iv) ownership and transfer of land and its resources, shall apply to the State of Nagaland unless the Legislative Assembly of Nagaland so decides by resolution.

Under clause (1)(b), the Governor has a special responsibility for law and order so long as internal disturbances persist.

Under clauses (1)(d) and (2), special administrative machinery was established for the Tuensang district, including a regional council and dedicated developmental funding.

3. Practical Illustrative Example

Everyday Scenario:

Parliament enacts a national civil procedural statute altering traditional community inheritance rules.

Core takeaway: Under Article 371A(1)(a), the central statute cannot apply in Nagaland regarding customary inheritance unless the Nagaland Legislative Assembly formally adopts it.
Illustrative Notice: The protection applies strictly to the four enumerated subjects; general central laws on national defense, currency, or customs apply normally.

4. Important Limits, Qualifications & Exceptions

Article 371A is one of the strongest constitutional shields for indigenous cultural and land autonomy in India.

  • Legislative veto: The Nagaland Assembly must pass a resolution for central laws to apply on customary practices, land, and resources.
  • Land ownership autonomy: Protects indigenous tribal ownership and transfers of land and minerals.
  • Tuensang regional governance: Established tailored administrative arrangements for underdeveloped border areas.

5. Operative Constitutional Text

(1) Notwithstanding anything in this Constitution,— (a) no Act of Parliament in respect of— (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, shall apply to the State of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides; (b) the Governor of Nagaland shall have special responsibility with respect to law and order in the State of Nagaland for so long as in his opinion internal disturbances occurring in the Naga Hills-Tuensang Area immediately before the formation of that State continue therein or in any part thereof and in the discharge of his functions in relation thereto the Governor shall, after consulting the Council of Ministers, exercise his individual judgment as to the action to be taken; (c) in making his recommendation under clause (2) of article 282 for the grant of funds out of the Consolidated Fund of India to attend to the requirements of the State of Nagaland, the President shall ensure that the specified central assistance is maintained; (d) there shall be established a regional council for the Tuensang district consisting of thirty-five members and the Governor may in his discretion make rules providing for its constitution, terms, and procedure. (2) Notwithstanding anything in this Constitution, for a period of ten years from the date of the formation of the State of Nagaland or for such further period as the Governor may specify, the administration of the Tuensang district shall be carried on by the Governor under the specialized provisions of this clause.
Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata
  • •
    Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
    Government of India (Legislative Department, Ministry of Law and Justice) • Part XXI, Article 371A, printed pages 232–235 • Human source-link check pending

    Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource

Related Constitutional Articles to Explore:

Go to ARTICLE 371B →Go to ARTICLE 371C →Go to ARTICLE 371G →