(a) whether the State Government of Nagaland has the power to frame
its own rules relating to Petroleum and Natural Gas resources in
Nagaland under article 371A of the Constitution of India;
(b) if so, the details thereof;
(c) whether the matter relating to exploration of oil and gas in
Nagaland has been taken up with the Home Ministry; and
(d) if so, the details and the present status thereof ?
MINISTER OF STATE IN THE MINISTRY OF PETROLEUM & NATURAL GAS
(SHRIMATI PANABAAKA LAKSHMI)
(a) to (d): A Resolution regarding Nagaland Ownership and Transfer of
Land and its Resources in respect of Minerals including Petroleum and
Natural Gas was passed by the Legislative Assembly of Nagaland in July
2010 under Article 371A of the Constitution of India.
As per the Resolution, in respect of Ownership and Transfer of Land and
its Resources including Mineral Oil, the State of Nagaland shall make
appropriate rules to apply and enforce within the State of Nagaland.
The Resolution further states that the State Government shall have the
jurisdiction in regulation and development over Minerals including Crude
Oil and Natural Gas Resources in terms of usage and shall have the
control on the matter of exploration and production in the State.
As soon as the matter came to the notice of M0P&NG it was taken up with
the Ministry of Home Affairs. The Ministry of Home Affairs has advised
that Article 371-A (does not confer legislative power to Legislative
Assembly of Nagaland for regulation and development of mineral oil.
The power to make law in respect of subjects covered under List-1 rests
with the Parliament. As such the Nagaland Petroleum and Natural Gas
Regulations, 2012 notified by the Government of Nagaland as well as
the Resolution passed by the Nagaland Assembly in July 2010 lack
constitutional validity.
The matter has accordingly been taken up with Chief Minister,
Nagaland requesting him to withdraw the Notification and rescind
the Nagaland Petroleum and Natural Gas Resolution 2012 as well as
related Resolutions.