KOHIMA: Nagaland Chief Minister T R Zeliang, on Thursday, informed the Assembly that the Central Government has declared the state constituted Nagaland Petroleum and Natural Gas (NP&NG) Rules and Regulation, 2012 as “unconstitutional and it cannot stand the test of the law and it should be quashed and set aside.”
Replying to the discussions by various members of the Assembly on the NP&NG, Zeliang said that the NP&NG Rules and Regulation 2012,was framed through a resolution by the Nagaland Legislative Assembly based on Constitutional Provisions provided by Article 371-A of the Constitution of India.
However, a letter was received by the State Government from the Union Ministry of Home Affairs (MHA) on May 23, 2013, where the MHA negated that “Article 371-A does not confer legislative power to the Legislative Assembly of Nagaland on Regulation and Development of Mineral Oil. The power to make law in respect of subjects covered under List- 1 of the Seventh Scheduled and Constitution, including Entry 53of List 1, rests with the Parliament. Therefore, the Ministry opined that, the resolution passed by the Nagaland in July 2010, is un-Constitutional and invalid.
However, Zeliang said this Resolution of NP&NG Rules and Regulation, 2012 was passed by our State Legislative Assembly, as was in the Constitution as empower and enshrined in Article 371 (A).
On the Public Interest Litigation (PIL) filed by Lotha Hoho challenging the Constitutional validity of NP&NG Rules and Regulation, 2012, Zeliang said it is mentioned in Para (9) of the PIL that under the Seventh Scheduled of the Constitution of India, under Article 246, the Central Government has the competency under List-1, Entry 53, for Regulation and Development of Oil Fields, List-1, Entry 54, Regulation of Mines and Mineral Development is in the public interest.
It further mentioned that the state has competency under List-II, Entry 23, Regulation of Mines and Mineral Development under the Control of Union. In Para (40) too it is mentioned that NP&NG Regulation, 2012, is without any legal basis and unconstitutional hence, it should be quashed and set aside. Hence, the PIL, filed on oil issue filed by Lotha Hoho in 2015, is a direct support to the letter of the aforesaid MHA letter as mentioned in Para (7) and (9) of the PIL, and in a way, we are surrendering our own rights voluntary to the Central Government, Zeliang said.
On the verdict issued by Gauhati High Court, Kohima Bench on the PIL, has also given their view stating that “Article 371 (A) of the Constitution do not confer competence on the Legislative Assembly of Nagaland to legislate on a subject, which, which is within the exclusive domain of Indian Parliament and opined that it require further deliberation of the Court.
The Court also viewed that the Ministry of Petroleum and Natural Gas should be a respondent to this OIL represented by Union Secretary of Petroleum Ministry as Respondent No. 08. On September 9, 2016, as directed by Gauhati High Court, Kohima Bench, a Counter Affidavit was filed against this PIL by the Secretary of Union Petroleum Ministry. (PTI)
