16 Point Agreement And Naga Insurgency - Background & Features

The Naga People's Convention (NPC) and the Government of India signed the 16 Point Agreement in 1960. It led to the creation of the state of Nagaland in 1963. Imkongliba served as both the chairman of the interim government in 1963 as well as the first NPC president. Jamir, who is the only surviving signatory to the agreement, made sure to document the undeniable fact that the NPC made constant attempts at creating a favourable political atmosphere in the region so that it could definitively emphasise the legal requirements and deeply held political aspirations of the Nagas before the Government of India. The representatives of the 16 tribes of Nagaland came up with the 16 Point Accord after long conversations, and it was a significant turning point in the political history of the Nagas.

In this article, let us look at the 16 Point Agreement, its background, latest updates, salient features, the developments post the signing of the agreement, the Naga insurgency, Article 371A of the constitution and the points of the 16 point agreement signed between the Naga People’s Convention and the GOI for the UPSC IAS Examination in detail.

Latest Updates on the 16-Point Agreement

• Of late, the Nagaland government appealed to all Naga political groups and extremist groups to cooperate in developing unity, reconciliation and peace in the area. The peace talks between the central government and two sets of Naga extremist groups have been delayed for over 23 years.
• After ten years of talks, the Naga peace process appears to have again hit a roadblock. The non-flexibility of the National Socialist Council of Nagaland (NSCN-IM) on the “Naga national flag” and “Naga Yezhabo (constitution),” among many more, are said to be the fundamental reasons. But the issue is more complicated than the twin conditions, as it affects Nagaland’s neighbors in northeast India.

Background of the 16-Point Agreement

Tibet had been an independent region for centuries, with its own political and religious institutions headed by the Dalai Lama. However, during the early 20th century, Tibet faced internal turmoil and external threats.

Chinese Invasion and the 17-Point Agreement

In 1949, the Chinese Communist Party led by Mao Zedong came to power in mainland China. In 1950, the People's Liberation Army invaded Tibet, seeking to assert Chinese control over the region. In October 1950, under duress, the Tibetan government signed the 17-Point Agreement with China, which acknowledged Chinese sovereignty over Tibet but also promised to respect the existing Tibetan political and religious system.

Negotiations for the 16-Point Agreement

After signing the 17-Point Agreement, negotiations continued between the Tibetan representatives, including the Dalai Lama, and the Chinese government. The Tibetan delegation aimed to secure greater autonomy and protect Tibetan interests.

The signing of the 16-Point Agreement

The negotiations concluded with signing of the 16-Point Agreement on May 23, 1951, in Beijing. The agreement outlined the terms of Tibet's incorporation into the People's Republic of China. It acknowledged Chinese sovereignty over Tibet but also made provisions to protect the existing Tibetan political and religious system, including the role of the Dalai Lama.

Check out the linked article on the Ashgabat Agreement for UPSC now!

What is the 16 Point Agreement?

The 16-Point Agreement was an agreement entered into between the Naga People’s Convention and the Government of India in July, 1960. The state of Nagaland was created in 1963 subsequent to the signing of the agreement.

Context of the 16 Point Agreement	Details
When	26th July 1960
Why	Following the discussion between Prime Minister Nehru and the leaders of the Naga People Convention (NPC), a 16-point agreement was arrived at by means of which the Government of India accredited the generation of Nagaland as a full-fledged state within the Union of India.
Signatories	Government of India and the Naga People’s Convention

The 16 Point Agreement between the Government of India and the Naga People’s Convention

The Name

• The territories known as the Naga Hills-Tuensang Area under the Naga Hills-Tuensang Area Act, 1957, shall form a state within the Indian Union and was known as Nagaland.

The Ministry Incharge

• Nagaland shall be under the Ministry of External Affairs of the Government of India.

Governor of Nagaland

• The Indian president appoints the governor, and he will be conferred with executive powers.
• The chief secretary posted at the headquarters will manage his administrative secretariat.
• He shall have special responsibility concerning law and order until the situation remains disturbed due to hostile activities. This special power will cease when normalcy restores.

Council of Ministers

• There shall be a Council of Ministers with the CM as its head to assist the Governor.
• The CoM shall be accountable to the Naga Legislative Assembly.
• The Legislature: A Legislative Assembly of elected members representing various tribes shall be constituted.

Representation in the Parliament

•  Two nominated members shall represent Nagaland in the parliament, one for the Lok Sabha and the other for the Rajya Sabha.

Parliament Acts

• No law enacted by the parliament affecting the below provisions shall have legal force in Nagaland unless specifically applied to it by a majority vote of the Nagaland Legislative Assembly:
• Religious Practices of the Nagas.
• Customary Laws and Procedures.
• Civil and Criminal Justice
• Ownership and transfer of law.

Local Self-Government

• Each tribe shall possess the below administrative local bodies to handle issues regarding the respective tribes and areas:
• Village Council;
• Range Council and
• Tribal Council.

Justice Administration

• The prevailing civil and criminal justice administration shall persist.
• Appellate Courts:
• District Court, High Court and Supreme Court of India;
• The Naga Tribunal, in respect of cases, decided according to customary law.

Tuensang District Administration

• The governor shall carry on the Tuensang district administration for ten years until the tribes in the Tuensang District can shoulder more responsibility for the advanced administration system in other parts of Nagaland.
• A Regional Council shall be constituted for Tuensang District by representatives from all the tribes in Tuensang District, and the Governor may appoint representatives to the Council.
• On the progress of the Regional Council, actions will be taken to start several Councils and Courts in areas where the civilians feel capable of developing such institutions.
• No law enacted by the Legislative Assembly shall be relevant to Tuensang District unless specifically advised by the Regional Council.
• The Regional Council shall monitor and govern various councils and Tribal Courts in the Tuensang district.
• The council of areas populated by a mixed population shall be directly below the Regional Council. After ten years, the circumstances will be evaluated, and the period will be prolonged if intended.

Fiscal Assistance from GoI

• To supplement the income of Nagaland, the GoI needs to pay out of Nagaland’s Consolidated Fund and a grant-in-aid towards fulfilling the administration cost.
• The Nagaland government must submit proposals for the grants to the GoI.

Forest Area Consolidation

•  The Naga delegation assessed the inclusion of the Reserve Forests and contiguous areas occupied by the Nagas. They referred to the provisions in articles 3 and 4 of the constitution, stipulating the process for transferring areas from one state to another.

Consolidation of Adjoining Naga Areas

•  The Naga leaders voiced that other Nagas inhabiting adjoining areas must be permitted to join the new state. It was pointed out to them on behalf of the Indian government that articles 3 and 4 of the constitution provided for expanding the area of any state. Still, it was feasible for the GoI to commit in this respect at this stage.
• Development of a Separate Naga Regiment: Raising an independent Naga regiment must be duly reviewed in the context of Naga people fulfilling their wish of playing a full role in the Indian defense forces.

Transitional Period

• On attaining the political resolution with the Government of India, the GoI will devise a bill for such amendment to the constitution to carry out the judgment. Before its presentation to parliament, the draft bill will be shown to the delegates of the NPC.
• An Interim Body with representatives elected from every tribe to assist the Governor in the administration of Nagaland during the transitional period is constituted.
• Inner Line Regulation: Rules enshrined in the Bengal Eastern Frontier Regulation, 1973 shall remain in Nagaland.

Check out the linked article on the Paris Agreement for UPSC now!

What is the Naga Insurgency?

• The Naga Hills became a part of British India in 1881.
• The attempt to bring scattered Naga tribes together resulted in the development of the Naga Club in 1918.
• The Naga club dismissed the Simon Commission in 1929 and demanded: “to leave them alone to decide for themselves as in ancient times.”
• The club transformed into the Naga National Council (NNC) in 1946.
• Under Angami Zapu Phizo, the NNC proclaimed Nagaland as an independent state on August 14th, 1947 and made a “referendum” in May 1951 to assert that 99.9% of the Nagas supported a “sovereign Nagaland.”
• On March 22nd, 1952, Phizo constituted the underground Naga Federal Government (NFG) and the Naga Federal Army.
• The Naga insurgency, climaxing in 1956, was a military ethnic clash led by the Naga National Council (NNC) that aimed for the breakaway of Naga territories from India.
• The government of India sent in the army to break down the insurgency and, in 1958, adopted the Armed Forces (Special Powers) Act.
• In 1975, when the government entered into the Shillong Accord, below which this section of NNC and NFG accepted to give up arms.
• A group of about 140 members, led by Thuingaleng Muivah at that time in China, refused to acknowledge the Shillong Accord and constituted the National Socialist Council of Nagaland (NSCN) in 1980.
• Muivah also had Isak Chisi Swu and S S Khaplang with him.
• In 1988, the NSCN broke into NSCN (IM) and NSCN (K), followed by a brutal clash.
• While the NNC started to fade away and Phizo died in London in 1991, the NSCN (IM) came to be viewed as the “mother of all insurgencies” in the region.

Check out the linked article on the WTO Agreements for UPSC now!

Salient Features of the 16 Point Agreement

Some of the important features of the 16-point agreement are as follows:

• The Indian Ministry of Foreign Affairs would be responsible for the new Naga state, which would then be known as Nagaland.
• The President of India would appoint the Governor of the state of Nagaland.
• The Governor would be assisted in performing their administrative duties by a Council of Ministers, with a Chief Minister serving as its leader.
• To represent the Indian Parliament in both the Lok Sabha and the Rajya Sabha, two Naga delegates would be appointed.
• Without the support of the majority of the Nagaland Legislative Assembly, no measure affecting the common law, religious beliefs, or social customs of the Nagas may be passed.
• It would be investigated if the Indian Military Forces could support a separate Naga unit.
• According to the agreement, the Indian government would provide financial support for the state of Nagaland's economic development.
• The agreement urged the Naga tribes to designate local committees to resolve conflicts and look into issues affecting the Naga Tribes to promote stronger local self-government.

Check out the linked article on the Non Proliferation Treaty for UPSC now!

What is Article 371A?

Article 371A (13th Amendment Act, 1962), Special provisions concerning the State of Nagaland: This provision was introduced after a 16 point agreement among the center and the Naga People’s Convention in 1960, which led to the formation of Nagaland in 1963. Parliament cannot pass laws on issues concerning the Naga religion or social customs, Naga customary law and procedure, administration of civil and criminal justice relating to decisions in line with Naga customary law and possession and transfer of land without the assent of the state assembly.

Check out the linked article on the Panchsheel Agreement for UPSC now!

Developments after the 16 point Agreement

• Although the state of Nagaland was constituted after signing the 16 point agreement, other Naga groups alleged that the Naga People’s Convention had no right to sign the deal without appropriate consultation.
• They also asserted that the deal was too late and demanded additional concessions such as a distinct state flag and independent constitution. The requests have been rejected, but the Naga groups have constantly executed a low-level insurgency in the state since the 1960s.
• However, successive peace talks by the Government after 2015 brought stability to the regions, but they still need both sides to reach a concrete agreement.

Check out the linked article on the Paris Agreement for UPSC now!

UPSC Practice Questions on 16 Point Agreement

Q1. Briefly explain the Naga crisis and the steps taken to settle the issues.

Q2. What are the demands of the Naga insurgent group, and what has taken place since the peace talks commenced in 1997?

Click here to download the PDF on 16 Point Agreement for UPSC Exams!

We hope that all your doubts regarding the 16 Point Agreement have been addressed after going through this article. Testbook provides a good quality of comprehensive preparation material for different competitive examinations. Master your preparations for the UPSC exams by downloading the Testbook App here!

Check out the linked article on the Non Proliferation Treaty for UPSC now!