13th Amendment of the Indian Constitution

India is a country with many tribal areas. The administration of these tribal areas is done by the President and governor of the particular state to which that area belongs. The Parliament of India is also entitled to create new states by altering the boundaries of existing states under Article 2 of the Indian Constitution. Under this article and article 368, the Parliament of India enacted the 13th Amendment of 1962 to form a separate state from the state of Assam. This 13th Amendment of Indian Constitution was made through the decision taken in 1960, according to which it was decided to make the Naga Hills-Tuensang Area a separate state of Nagaland.

What is the 13th Amendment of the Indian Constitution?

The 13th Constitutional Amendment Act, of 1962 gave the status of a state to Nagaland and made special provisions for it. 13th Constitutional Amendment Act, of 1962 was enacted to ensure that the interests of the tribal areas are safeguarded and the integrity of their culture is maintained. This Indian Constitution 13th Amendment 1962 specifically aimed to provide protection to the tribal areas of Nagaland and their culture and also carve out a new state of Nagaland from the state of Assam. This Constitutional Amendment for Nagaland also brought the administration of the state of Nagaland under the governor of the state.

Historical Context on 13th Amendment of the Indian Constitution

• 1918: The Britishers were requested by Nagas not to include them in the Union of India
• 1946: Naga Council was formed under Phizo
• 1947: Nagaland was declared to be an independent state when India became independent
• 1951: A plebiscite was conducted in Nagaland to make it a sovereign and independent country
• 1952: The Naga Federal Army and Naga Federal Government were formed
• 1958: GoI had to interfere in the matter, and in response Armed Forces (Special Powers) Act, 1958 (AFSPA) was passed.

Objects and Reasons for the 13th Amendment of the Indian Constitution, 1962

• An agreement was made between the Naga peoples’ leaders and GoI according to which Nagaland, which was a part B tribal state and a part of the state of Assam, would be made a separate state.
• Maintenance of law and order would be the responsibility of the governor of the state.
• Inclusion of the issues of the state of Nagaland in the Constitution of India.
• The Governor of the state shall look after the administration of the state for a period of 10 years. A regional council will also be set up for the Tuensang area.
• Any act of Parliament related to the Naga customary law and religious and social practices of Nagas shall not be applicable to the state of Nagaland unless the state legislative assembly of Nagaland decides so.

Provisions of 13th Amendment of the Indian Constitution

13th Amendment Of Indian Constitution made the following provisions for the state of Nagaland:

• This act made an amendment to part 21 of the Indian Constitution Amendments and inserted a new article 371A. It also renamed part 21 as temporary, transitional and special provisions.
• According to article 371A:
  • No act passed or law made by the Parliament regarding the customary and religious practices of the Nagas, Naga customary law, civil and criminal justice according to Naga customary law and ownership of land and its resources be applicable to the state of Nagaland without a resolution passed by legislative assembly of the Nagaland to do so.
• Governor of Nagaland shall be responsible for the maintenance of law and order in the state of Nagaland until hostile activities do not stop in the state.
• If any such matter arises where the governor is to take the decision in his discretion, then the decision taken by governor shall be final.
• Governor shall be responsible for the management of funds made available for the new state by the Government of India under this act. Governor is responsible to divide the funds for the administration of the Teunsang district and the rest of the state.
• The Governor shall take care that any demand for grant for a specific purpose be included in the grant related to that purpose for drawing money out of the Consolidated Fund of India.
• The Governor shall carry on the administration of the area for ten years.
• A regional council for Tuensang district consisting of the people from tribes therein shall be formed by a public notification by the Governor. This council shall consist of 35 members and governor is entitled to make rules regarding:
  • Composition of the regional council
  • manner in which the members of the regional council will be chosen
  • qualifications of the members of the regional council
  • term of office of the members as well as provisions related to their salaries and allowances
  • rules regarding conduct of business in the council
• The regional council shall guide the working of the village and area councils.
• No law passed by Nagaland legislature shall be applicable to the Tuensang district unless recommended by the Regional council.
• The governor shall appoint a member of the regional council in the legislative assembly of the state on the advice of CM.
• This minister shall deal with all the matters relating to the Tuensang district.
• Any reference to the elected members of legislative assembly in articles 54 and 55 shall include a reference to the members elected by the regional council or the members of the legislative assembly of Nagaland.
• The legislative assembly of Nagaland shall consist of 60 members.
• The President may issue any order for the implementation of the provisions of this article if any difficulty arises in their implementation and no such order shall be made after 3 years from the date of formation of the state of Nagaland.

Significance of 13th Amendment of the Indian Constitution

This act has the following significance:

• It recognized the rights of tribal people of India.
• It gave recognition to the cultural and social practices of the Nagas.
• It provided representation to the Naga people in the decision making process and administration.
• It established a control of Central Government over the tribal areas of the Nagaland.
• It allowed the tribal people to govern themselves and make various laws according to their religious and social practices subject to the condition of law and order.

Summary – 13th Amendment of the Indian Constitution

13th Constitutional Amendment Act was a great step that provided a sense of security to the tribals and assured them that their culture and social practices are respected and certain safeguards provided to them. This Indian Constitution 13th Amendment 1962 also provided a representation to the tribal population of Nagaland in the law making process, further strengthening the democratic setup of the country. Although, there has been many issues related to law and order in the state of Nagaland even after the enactment of this act, but still it has been a great step to protect the interests of tribal population.

FAQs on 13th Amendment of the Indian Constitution

1. When was the 13th Amendment Act passed?

13th Amendment Act India was passed in 1962 by the Parliament of India.

2. What was part 21 of the Indian constitution renamed as by the 13th Amendment Act?

Part 21 of Indian Constitution Amendments was renamed as ‘temporary, transitional and special provisions’ by the 13th Amendment Act India.

3. Which article was inserted by the 13th Amendment Act?

Article 371A was inserted by the 13th Amendment Act.

4. Which state was formed by the 13th Amendment Act?

The state of Nagaland was formed by the 13th Amendment Act India.

5. Who was given the responsibility for the administration of the Teunsang district and tribal areas of Nagaland?

Governor of Nagaland was given the responsibility for the administration of the Teunsang district and tribal areas of Nagaland.

6. How many members are there in regional council of Nagaland?

Regional council of Nagaland consists of 35 members.

7. How many members are there in legislative assembly of Nagaland?

There are 60 members in legislative assembly of Nagaland.

8 How can a law made by Parliament regarding practices of Nagas be made applicable to Nagaland?

Any law made by Parliament regarding practices of Nagas shall be applicable to Nagaland if the legislative assembly of Nagaland passes a resolution t13th Amendment Of Indian Constitution do so.

References:

13th Amendment Bill [billstexts/]

News – 13th Amendment Act [www.thehindu.com/]

13th Amendment Constitution India [www.india.gov.in/]

Constitution (Thirteenth Amendment Bill) [rsdebate.nic.in/]