The court ruled that while Article 371-A grants special powers to the Nagaland Legislative Assembly, the matter concerning legislative competence to enact petroleum regulations falls within the exclusive jurisdiction of the Supreme Court.

JUDGMENT :

K.R. Surana, J.

Heard Mr. C.T. Jamir, learned senior counsel, appearing as Amicus Curiae in the matter, assisted by Mr. Aliba Ozukum, learned counsel; Mr. Apok Pongener, learned standing counsel for the Kohima Permanent Bench of this Court; Mr. K.N. Balgopal, learned Advocate General for the State of Nagaland, representing respondent nos. 1 to 6, assisted by Mrs. T. Khro, learned Addl. Advocate General; Ms. M. Kechii, learned Senior Government Advocate, Ms. Nitya Nambiar, and Mr. Vitso Rio, Advocates; Mr. A. Dasgupta, learned senior counsel, with Mr. S. Dutta, learned senior counsel, assisted by Mr. S. Dutta, learned counsel for respondent no. 7; and Mr. Vivek Kohli, learned senior counsel, assisted by Mr. K. Kalita, and Mr. S. Baruah, learned senior counsel for the respondent no. 8.

2) Initially this PIL was filed before the Kohima Bench of this Court by Lotha Hoho and two others, inter alia, praying for (a) quashing and setting aside of the Nagaland Petroleum and Natural Gas Regulations, 2012; (b) quashing and setting aside of the Nagaland Petroleum and Natural Gas Rules, 2012; (c) to quash and set aside invitation for expression of interest issued by Chairman, Nagaland Petroleum and Natural Gas Board; (d) to set aside and quash notification dated 18.12.2012 issued by the Chairman, Nagaland Petroleum and Natural Gas Board; (e) to quash and set aside the permit dated 28.02.2014; (f) to declare null and void all actions done in pursuance to the aforesaid 2012 Regulations and 2012 Rules; (g) to direct the respondents to act strictly in accordance with Article 371-A and the relevant Acts and Rules for exploration and extraction of petroleum and natural gas in Nagaland; (h) to direct the respondents to conduct a detailed inquiry/ study regarding environmental damages that may occurr due to exploration and extraction of petroleum and natural gas and to take remedial measures for conservation; (i) to direct the respondents to conduct genuine consultation with the petitioner and the aggrieved land owners to protect their interest, ownership, and workout a detailed modality for a comprehensive royalty before any exploration and extraction of petroleum and natural gas; and for any orders as this Court may deem fit and proper. The said PIL was registered as PIL No. 4(K)/ 2015.

3) In the course of proceedings, the original writ petitioners had filed I.A.(C) No. 2(K)/2019 for allowing withdrawal of the said PIL. Accordingly, this Court by an order dated 04.02.2019, while absolving the petitioners from the said PIL, directed the Registry to register a suo motu PIL. Accordingly, Suo Motu PIL No. 1(K)/2019 was registered. The Hon’ble The Chief Justice, on the administrative side, by order dated 03.01.2020, had directed that this PIL be transferred to the Principal Seat of this Court.

Submissions by the learned Amicus Curiae:

4) The learned Amicus Curiae has taken immense pain to meticulously refer to the history of the creation of the State of Nagaland as the 16th State of the Union of India by the Constitution (Thirteenth Amendment) Act, 1962 with effect from 01.12.1963. It was submitted that the creation of the State was preceded by a 16 Point agreement, which was a political agreement between the Govt. of India and the leaders of the Naga People’s Convention in July, 1960, which was the basis of insertion of the provision of Article 371-A in the Constitution of India. It has been submitted that the Constitution of India already had the provision of Entry 53 in the List-I of the Sevent